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(영문) 울산지방법원 2019.10.17 2019노664
사기등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (one year of imprisonment) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The lower court determined a punishment in consideration of each of the circumstances favorable to the Defendant, i.e., the Defendant committed each of the instant crimes even though the Defendant had the same criminal records twice, the Defendant committed a repeated crime due to the same criminal record, the amount of damage is large, and the Defendant committed several methods like the same criminal record in the case of fraud against the victim I, under the circumstances unfavorable to the Defendant, such as: (a) recognizing the instant facts charged; (b) paying KRW 50 million to the victim D; (c) partially out of the amount of fraud was used as the cost of the attached hospital; and (d) there is no special change in circumstances that could change the sentencing after the lower judgment.

In addition, examining the defendant's age, character and conduct, environment, circumstances after the crime, circumstances after the crime, and the record of the crime in this case, it is not deemed that the sentence of the court below against the defendant is too weak or unreasonable.

The defendant and prosecutor's assertion of unreasonable sentencing is without merit.

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

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