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(영문) 울산지방법원 2017.09.22 2017노935
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (one year of imprisonment) is too unreasonable.

2. The fact that the defendant shows an attitude to reflect his mistake while recognizing the crime is favorable to the defendant. However, each of the crimes of this case is a situation unfavorable to the defendant, such as: (a) the defendant, by forging the removal construction contract and exercising it, by deceiving the victims about a total of KRW 37 million; (b) the victim by forging the construction contract contract and using it by altering it; (c) the victim did not agree with the victims, or did not recover damage to the victims; and (d) the defendant had 17 times of punishment for the same crime.

In full view of the above favorable circumstances and other circumstances, such as the defendant’s age, sex, environment, family relationship, motive and circumstance of the crime, and circumstances that are the conditions for sentencing as shown in the pleadings, even if considering all favorable circumstances for the defendant, it cannot be deemed unfair because the court below’s punishment is too unreasonable. Thus, the defendant’s assertion is without merit.

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

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