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(영문) 광주지방법원 2020.05.21 2020노552

사기등

Text

The defendant's appeal is dismissed.

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

Reasons

1. The summary of the grounds for appeal (two years of imprisonment) by the lower court is too unreasonable.

2. The Defendant committed the instant crime against many unspecified persons for a long time; there are cases where the sum of the damages incurred by the instant crime is large and the victim seems to have been damaged by more than 10,000 won among the victims; the Defendant’s restoration of damage was performed by some victims, but the Defendant did not recover damage for most victims; the Defendant committed the instant crime on several occasions; the Defendant committed the instant crime during the period of repeated crime due to the same crime; the Defendant continued to commit the instant crime during the period of repeated crime due to the same crime; the Defendant was under investigation and trial with respect to himself, but the Defendant did not cooperate with the procedure, such as failure to attend the trial; and the Defendant did not comply with all of the sentencing conditions specified in the pleadings, such as the Defendant’s age, character, family environment, motive and circumstance of the instant crime, and circumstances after the crime, and thus, the Defendant’s assertion that the Defendant’s punishment is unreasonable is not acceptable.

3. It seems unreasonable to issue a compensation order in criminal proceedings because the scope of the defendant's liability to compensate for damage is not clear as to the application for a compensation order.

4. The Defendant’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is groundless. The application for remedy order filed by the applicant for compensation at the trial is dismissed in accordance with Article 32(1)3 and Article 25(3)3 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings. It is so decided as per Disposition.