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(영문) 울산지방법원 2017.11.17 2017노1185
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (one year of imprisonment with prison labor for three months and one year of suspended execution) is too unhued and unfair.

2. The crime of this case is deemed to have been stolen by the Defendant under the name of 9.4 million won by the Defendant, and the Defendant did not pay money for more than three years after borrowing the money, and not for more than two years to contact, etc. However, the Defendant appears to have committed a crime and expressed an attitude against the Defendant. The Defendant agreed with the victim by the lower court, and the Defendant did not want the punishment against the Defendant, and the Defendant is an initial offender who has no record of criminal punishment, taking into account the favorable circumstances, such as the Defendant’s age, sexual behavior, environment, family relationship, motive and circumstance of the crime, and circumstances after the crime, etc., the punishment imposed by the lower court is too uneasy and unfair. Thus, the prosecutor’s assertion is without merit.

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

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