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(영문) 울산지방법원 2016.06.03 2016노617
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (four months of imprisonment) is too unreasonable.

2. The following facts are favorable to the Defendant: (a) the Defendant recognized and reflected the instant crime; (b) the amount of damage caused by the instant fraud and the damage to property was not significant; and (c) the victims did not want the punishment of the Defendant upon agreement with the victims.

However, the crime of this case was committed in spite of the defendant's intention or ability to pay the drinking value, if the victim acquired pecuniary benefits equivalent to the price of drinking drinking at the victim D's drinking house, and if the victim was unable to perform his duties by demanding the drinking value, then the victim gets injured at the end of the trial with other victim who was the customer, and the partitions inside the main point were damaged by drinking the wall, and the nature of the crime was very poor in light of the method and circumstances of the crime. The defendant committed the crime of this case even though he had been punished for the same crime, such as fraud, obstruction of duties, obstruction of property damage, injury, violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) prior to the crime of this case, even though there was a record of punishment for the crime of this case, in particular, the crime of this case was committed without being committed during the period of repeated crime due to the same crime, and actual damage was not recovered until the trial, and the defendant's age, circumstances, motive and circumstances before and after the crime of this case, etc.

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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