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(영문) 울산지방법원 2016.02.19 2015노1251
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (one-year imprisonment) is too unreasonable as to the gist of the grounds for appeal.

2. The sentencing grounds for considering the fact that the defendant recognized all of his criminal acts and reflects on the judgment are the sentencing grounds for the defendant. However, the defendant was sentenced to one year on October 19, 2012 to imprisonment with prison labor for special larceny, etc., and again committed the crime of this case during the repeated crime period after the execution of the sentence is completed, and the accomplices were to be given the commission upon introduction to the accomplices. The defendant led the criminal act of this case by taking the introduced person as the victim, and the nature of the crime is very poor. The majority of the victims of this case are the victims of this case, the total amount of damage is about 34 million won, and the victims' damage was not completely recovered up to the trial, and the victim's age, sex, family environment, motive and circumstance of the crime of this case, the motive and circumstance of the crime of this case, the method and result of the crime, etc. before and after the crime of this case, the court below's unfair sentencing guidelines cannot be acknowledged as excessive.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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