사기
The prosecutor's appeal is dismissed.
All of the applicants' applications for compensation are dismissed.
1. The summary of the grounds for appeal (public prosecutor) of the lower court’s sentence (10 million won in penalty) is too unfluent and unreasonable.
2. The case of the instant crime, which acquired a total of KRW 10,634,00 from two victims by deceptions several times while making a judgment on the grounds of appeal, is not less exceptionally, and the damage caused by the instant crime has not been recovered, and the fact that the Defendant was punished by the suspension of execution of imprisonment due to the same criminal record is less unfavorable.
On the other hand, the fact that the defendant is under the time to commit the crime of this case, the criminal records of the defendant are 2010 years, and there are no other criminal records except the punishment records of the defendant once.
In full view of these circumstances and all of the sentencing conditions in the instant argument, the lower court’s punishment cannot be deemed unfair as it is too unfasible.
3. The applicant cannot again file the same application for compensation against the judgment dismissing the application for compensation of the trial at the trial court (Article 32(4) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings). In such a case, the applicant for compensation has filed an application for compensation at the court below but filed an application for compensation after the trial at the court below dismissed it pursuant to Article 32(1)1 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings on the ground that he/she filed an application for compensation after the argument at the court below was concluded, and again filed an application for compensation with the same content in the trial at the trial at the trial at the trial of the party. The
4. In conclusion, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, on the ground that the prosecutor’s appeal is without merit. Since the applicant’s application for compensation is unlawful, the applicant’s application for compensation for the trial is dismissed in accordance with Article 32(1)1 and Article 32(4) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings (the application of the court below’s judgment was omitted “1. Aggravation of concurrent crimes: the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Procedure Act.”