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(영문) 인천지방법원 2016.02.05 2015노4323

사기

Text

The defendant's appeal is dismissed.

The request of the applicant for compensation shall be dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (the imprisonment of eight months) is too unreasonable.

2. The following facts are favorable circumstances: (a) the Defendant confessions the instant crime; and (b) on the other hand, the Defendant’s confessions and reflects the instant crime; (c) in light of the background and content of the instant crime; (d) the negative nature of the crime is not good; (e) the amount of deceptions is not so specified; and (e) the damage has not been recovered to a considerable extent until the Defendant is in the trial; (b) the victim is shoting the Defendant’s severe punishment; (c) the Defendant was sentenced to six months of imprisonment by means of fraud, such as the use of computers, etc. in the Jinwon District Court on October 18, 2006; and (d) other various sentencing conditions in the records and arguments, such as the Defendant’s character, character and environment

3. According to the record of judgment as to the application for compensation order, the application for compensation order in this case is not reasonable in the criminal procedure because the scope of compensation liability of the defendant is not clear.

The decision is judged.

4. In conclusion, the defendant's appeal is without merit and is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, and the defendant's application for compensation is dismissed in accordance with Article 32 (1) 3 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings. It is so decided as per Disposition.