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(영문) 울산지방법원 2014.03.12 2014노92
사기등
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

In light of the overall circumstances of this case, the punishment imposed by the court below (one year of imprisonment) is too unreasonable.

Judgment

In light of all the sentencing conditions, including the defendant's age, family relation, criminal record, character and conduct, environment, means and method of the crime, motive and circumstance of the crime, etc., the sentence imposed by the court below is judged to be appropriate, and it cannot be deemed unfair because the defendant's punishment imposed by the court below is too unreasonable, in light of the following facts: although the defendant was sentenced to a punishment of larceny four times, each of the crimes of this case constitutes a repeated crime; damage recovery to the victims; the victim was not given or agreed on 17 times or a fine was imposed on the ground of the crime of this case; the defendant's continuous commission of each of the crimes of this case from around 2007; and the defendant's age, family relation, criminal record, character and behavior, environment, means and method of the crime of this case; and all of the sentencing conditions after the crime.

In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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