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(영문) 수원지방법원 2016.11.10 2016노5941

사기

Text

All appeals filed by the defendant and prosecutor are dismissed.

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

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (one year of imprisonment) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. We also examine the judgment and prosecutor’s arguments.

In the investigation agency and the court below, the defendant recovered the damage of some victims, such as victim N, etc., and the victims do not want the punishment of the defendant.

However, there is a history of criminal punishment for the crime of the same kind in the past; however, it has been repeatedly committed each of the crimes of this case under the same several laws for a considerable period of time, and as a result, many victims have suffered losses; the defendant purchased the so-called so-called "telphone" to contact the victims of the crime of this case and replaced and used it; and the method and method of the crime are planned and consistent; and the damage, such as the victim P, etc., caused by the crime of this case, is still deemed not to have been recovered properly.

In full view of all the above conditions of sentencing, including the Defendant’s age, character and conduct, environment, and family relationship, it cannot be deemed that the sentence imposed by the lower court is too heavy or unreasonable.

3. As such, the appeal filed by the Defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition by the applicant for compensation order. Since the scope of compensation is unclear and the application for compensation order filed by the applicant for compensation is not appropriate to issue a compensation order, it is dismissed in accordance with Articles 25(3) and 32(1) of the Act on