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(영문) 울산지방법원 2018.09.14 2018노669
준사기
Text

The judgment below

Of them, the part against Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment for six months.

except that this judgment.

Reasons

1. The summary of the reasons for appeal is that the punishment (six months of imprisonment for each of the defendants) declared by the court below against the defendants is too unreasonable.

2. The crime of this case was committed by the Defendants using the victim’s intellectual disorder so that they can open the cell phone in the victim’s name and directly use the cell phone or dispose of it by using the cell phone in the victim’s name. Defendant B obtained a loan from the victim and obtained the loan from the victim, and the nature of the crime was very poor in light of the law of the crime. The Defendants had a record of criminal punishment twice each (one suspended execution, one time a fine). Defendant A provided an opportunity for additional defraudation by introducing not only the victim’s own crime but also the victim to Defendant B, even though he was the victim’s friendship, and Defendant B provided a loan by adding the victim’s cell phone opening to the cell phone opening in the victim’s name.

However, it appears that the Defendants were led to the confession and reflection of all the crimes of this case, and that Defendant A agreed with the victim at the time of the first instance, and that the Defendants did not have any record of punishment for the same kind of crime.

In full view of the above unfavorable circumstances and favorable circumstances, and other circumstances of sentencing as shown in the records and arguments of the instant case, such as the background of the instant crime, the age of the Defendants, sexual conduct, environment, etc., the sentence imposed by the lower court to Defendant A is somewhat unreasonable, and the sentence imposed by the lower court to Defendant B is too unreasonable.

Therefore, Defendant A’s wrongful assertion of sentencing is with merit, and Defendant B’s improper assertion of sentencing is without merit.

3. Accordingly, the part of the judgment below against Defendant A among the judgment below is with merit, and it is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and it is again decided as follows. The judgment of the court below against Defendant B among the judgment below.

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