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(영문) 울산지방법원 2013.05.03 2012노723
사기
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the overall circumstances of this case, the sentence imposed by the court below (one year of imprisonment and two years of suspended execution) is too unreasonable.

2. Although there are favorable circumstances, such as the fact that the defendant agreed with the victim, that the defendant reflects his mistake, that the defendant must consider equity in the case where each of the crimes of this case and the first head of the judgment of the court below at the same time has been adjudicated, the defendant did not commit the crime of this case again despite the fact that the defendant had been punished more than 20 times due to fraud, and that he committed the crime of this case again in full view of all the sentencing conditions, including the defendant's age, character and behavior, environment, motive and circumstance of the crime, and circumstances after the crime, etc., the court below's sentence imposed on the defendant cannot be deemed unfair.

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

[Application of Acts and subordinate statutes] Of the judgment of the court below, Article 25 (1) of the Rules on Criminal Procedure is clearly omitted from Article 30, "Article 347 (1) of the Criminal Act," and Article 25 (1) of the Rules on Criminal Procedure" of Part 2, Section 19 of the judgment of the court below.

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