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(영문) 울산지방법원 2016.12.09 2016노1560
사기
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the sentence of the lower court (one and half years of imprisonment, and ten months of imprisonment) is too unreasonable;

2. The judgment of the court below is favorable to the defendants, such as the defendants' acknowledgement of the crime of this case and the fact that the victim does not want the punishment of the defendants by mutual consent with the victim.

However, in light of the fact that the crime of this case was committed by the Defendants in a systematic manner under the close plan and the nature of the crime was extremely poor in light of the number of crimes and the size of fraud, etc., Defendant A was planned and led to the crime of this case; Defendant A had the record of having been sentenced to a suspended sentence of three years for one year and six months due to the same type of crime in around 2004; Defendant did not have any circumstances or changes in circumstances that may be newly considered in the sentencing of the Defendants after the judgment of the court below was rendered; and other various sentencing factors as shown in the process of the trial, including the Defendants’ age, character and behavior, home environment, motive and background of the crime, means and consequence of the crime; and the circumstances after the crime, etc., the court below’s punishment against the Defendants cannot be deemed to be unfair, and thus, it is not acceptable to accept the Defendants’ assertion of unfair sentencing.

3. As such, the Defendants’ appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeals are without merit. It is so decided as per Disposition.

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