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(영문) 수원지방법원 2013.10.31 2013노2104

사기등

Text

All appeals filed by the prosecutor against the Defendants are dismissed.

The application for the instant compensation order shall be dismissed.

Reasons

1. Examining the summary of the grounds for appeal in light of all the sentencing conditions, each of the punishments against the Defendants in the lower court (the suspended sentence (the suspended sentence: the fine of two million won for each of the two million wons) is deemed unreasonable.

2. The Defendants committed each of the instant crimes in the course of withdrawing the deposits in the deceased’s name in order to dispose of inherited property as the deceased’s heir and settle funeral expenses, etc., and there are circumstances to take into account in the course of the crime. Of the money withdrawn by the Defendants, the rest of the money excluding funeral expenses is kept until now for the distribution of inherited property; Defendant B was the initial offender; Defendant A was punished for the violation of the Road Traffic Act; and Defendant A was punished for the violation of the Road Traffic Act; and all of the sentencing conditions indicated in the records and arguments, the sentence imposed by the lower court against the Defendants is too unjustifiable and unreasonable.

3. In conclusion, since the prosecutor's appeal against the defendants is without merit, it is dismissed under Article 364 (4) of the Criminal Procedure Act, and since the applicant for compensation order of this case is not the victim of each crime of this case, the applicant for compensation order of this case cannot apply for compensation order under Article 26 (1) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, and it is so decided as per Disposition by the court below to dismiss it