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(영문) 부산지방법원 2015.02.05 2014노4584

사기

Text

All appeals by the Defendants are dismissed.

An application for compensation by an applicant for compensation shall be dismissed.

Reasons

Summary of Grounds for Appeal

The sentencing of the lower court (Defendant 1: Imprisonment with prison labor for one year, and Defendant 2: Imprisonment for one year and six months) is too unreasonable.

The Defendants’ assertion that the Defendants led to the confession and reflect of all of the instant crimes; the Defendants are still serving in favor of the Defendants; Defendant A has no record of criminal punishment other than juvenile protective disposition; however, the number of the instant crimes is multiple and the amount of damage was not much specified; Defendant B has been subject to criminal punishment at least eight times in total, including that he/she was punished six times for the same crime; Defendant B committed the instant crime, even though he/she was sentenced to imprisonment for one year for the same crime, in particular, even though he/she was in the period of repeated offense; and in addition, taking into account the motive and background leading up to the instant crime; circumstances after the instant crime was committed; the Defendants’ age, character and conduct; and other various circumstances, which are the conditions for sentencing specified in the instant records and arguments, such as the records and arguments, such as the criminal intent and background

An application for compensation order filed by an applicant for compensation shall be rejected as it is unlawful since the application for compensation order filed after the argument of this case is concluded.

In conclusion, the defendants' appeal is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and the application for remedy order by the applicant for compensation is dismissed in accordance with Article 32(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings. It is