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(영문) 울산지방법원 2014.02.14 2013노949
사기등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the overall circumstances of the Defendant’s instant case, the sentence imposed by the lower court (one hundred and sixty hours of imprisonment, two years of suspended execution, two years of probation, community service, etc.) is too unreasonable.

B. In light of the overall circumstances of the Prosecutor’s instant case, the sentence imposed by the lower court is too unfasible and unreasonable.

2. In full view of the following circumstances: (a) the Defendant and the Prosecutor’s assertion that the Defendant had been punished more than twice due to fraud, etc.; (b) the Defendant repeatedly committed each of the instant crimes; (c) the Defendant was at a disadvantage, such as the restoration of damage to each of the instant frauds; (d) the Defendant’s failure to take advantage of the victims; and (e) the favorable circumstances, such as the Defendant’s age, character and conduct; and (e) other conditions of sentencing, including the Defendant’s age, character and environment; and (e) the circumstances after the commission of the crime, etc., the Defendant and the Prosecutor’s assertion

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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