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(영문) 창원지방법원 2016.11.03 2016노1997

사기등

Text

The defendant's appeal is dismissed.

The judgment below

The part of the compensation order against the applicant I is revoked.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendant (one year and six months of imprisonment) is too unreasonable.

2. It is recognized that the defendant confessions a criminal fact and reflects his/her reasoning for appeal.

However, the Defendant had been sentenced to punishment for the same kind of crime other than the crime of habitual fraud in 2014. On October 20, 2015, the Defendant again committed each of the instant fraud crimes immediately after the release of the Defendant, despite the completion of the execution of the above imprisonment with prison labor on October 2015, and even during the repeated period, again committed each of the instant fraud crimes from the release of the Defendant. The Defendant spent the money acquired through the instant fraud as gambling funds. The victims of each of the instant fraud are 93 persons in total, and the total amount of damage was not recovered from most of the damages regardless of the name of 20 million won. Each of the instant gambling crimes was committed by deposit of KRW 33,407,200 over 173 times in total. The number and amount of each of the instant gambling crimes is considerable. There is no special change in the court below’s age, environment, character and conduct, motive of the Defendant, and circumstances before and after the instant crime cannot be considered to be unfair.

3. Where an appeal is filed against a conviction regarding a judgment of conviction regarding the part of the compensation order among the judgment below, the confirmation of the compensation order shall be prevented, and the compensation order shall be transferred to the appellate court along with the accused case (Article 33(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings). ex officio, an order for compensation under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings may be filed by the injured party or his/her heir (Article 25(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings), and the injured party may have his/her spouse,

Special Cases concerning the promotion of litigation, etc.