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(영문) 울산지방법원 2016.12.09 2016노1845
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (eight months of imprisonment) is too unhued and unreasonable.

2. The crime of this case was committed on the basis of the victim's intent or ability to repay the borrowed money, and the victim obtains money from the victims and uses it as gambling funds. The crime of this case was committed in light of the circumstances of the crime, the method of the crime, and the amount of damage, etc., but the damage has not been recovered up to now, and the fact that the victim did not agree with the victims is disadvantageous to the defendant.

However, in full view of the circumstances favorable to the defendant, including the fact that the defendant recognizes and reflects his mistake, the criminal punishment exceeding the fine, and the absence of the same force, and other factors of sentencing as shown in the argument of this case, such as the defendant’s age, character and conduct, family environment, motive and circumstance of the crime, means and consequence of the crime, etc., it is not recognized that the punishment sentenced by the court below is too unjustifiable and unreasonable.

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

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