(영문) 울산지방법원 2016.03.18 2016노4 | 리걸엔진

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(영문) 울산지방법원 2016.03.18 2016노4

사기등

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The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (in the case of crimes No. 1 of the judgment of the court below, part 1 of the attached crime list No. 1 of the judgment of the court below and No. 2-2

(a)a fine of KRW 1,00,000 for the offence, and one year of imprisonment for the remaining offence) is too unreasonable;

2. Determination

A. Of the crimes No. 1 of the holding of the court below, part 1 of the attached list of crimes No. 1 of the judgment below and No. 2

A. The following are the circumstances: (a) the Defendant recognized his mistake and reflects the Defendant; (b) the amount of damage from the crime in this part is the total of KRW 11,050, relatively small amount; and (c) the need to determine punishment in consideration of equity with the case of sentencing a judgment at the same time as the special larceny for which the judgment became final and conclusive

However, taking account of the fact that there are many criminal records including three times of punishment for the same crime, the fact that the Defendant did not make any effort to recover damage up to the conviction of the Defendant, and the fact that the victim wants to punish the Defendant, the Defendant’s age, sex, family environment, motive and circumstance of the crime, means and consequence of the crime, and other various sentencing conditions as shown in the argument of the instant case, such as the circumstance before and after the crime, etc., it is not recognized that the sentence imposed by the lower court is too unreasonable.

B. The following facts are the circumstances favorable to the Defendant: (a) the Defendant led to the confession and reflect of the crime; and (b) the amount of damage incurred by the remaining part of the crime except the defraudation, among these crimes, is about KRW 550,000,000 and the extent of damage is minor.

However, as seen earlier, the Defendant committed the instant crime against many victims during the period of probation, did not recover damage, all victims want to punish the Defendant, even though he/she was sentenced to one year of probation due to a special larceny, which was sentenced to six months of imprisonment.

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