사기등
The defendant's appeal is dismissed.
An applicant for compensation shall be dismissed.
1. The sentence of the lower court (one year of imprisonment and 65,430,000 won additionally imposed) shall be too unreasonable as to the gist of the grounds for appeal.
2. Although the Defendant appears to reflect on the fact of the crime, even though the victims did not reach a total of 98,430,000 won, the damage has not been recovered despite the fact that the victims’ damage amounted to a total of 98,430,000 won, the Defendant was extremely poor in committing the crime by deceiving money from the victims and threatening the victims under the pretext of soliciting public officials by taking advantage of the status of the newspaper reporter, and the blood alcohol concentration at the time of drinking driving led to 0.234%, including punishment, three times the history of fraud including the crime of the Road Traffic Act has reached three times, and the history of the crime of the Road Traffic Act has reached two times, and it cannot be deemed that the sentence of the lower court against the Defendant is too unreasonable in light of all the sentencing conditions stated in the records of the instant case, such as the Defendant’s age, character and behavior, environment, and circumstances after committing the crime. It cannot be deemed that the Defendant’s punishment is too excessive.
3. According to Article 32 Subparag. 3 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings as to Application for Compensation, an applicant may not appeal against the judgment dismissing the application for compensation, and may not file the same application for compensation again. The applicant for compensation applied for an order for compensation to the High Court Dayang-ro 2013Guro844, and the decision of dismissal was notified on November 5, 2013. The instant application for compensation is unlawful since it is the same application for compensation as the instant application for compensation dismissed.
4. If so, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. Since the application for compensation by the applicant for compensation is inappropriate, it is so decided as per Disposition by the assent of all participating Justices on the bench's rejection under Article 32 (1) 1 of the Act on Special Cases Concerning Promotion