사기
The defendant's appeal is dismissed.
An applicant for compensation shall be dismissed.
1. The main point of the grounds for appeal is that the lower court’s punishment (3 million won in penalty) is too unreasonable.
2. The judgment is a favorable condition for the following reasons: (a) the Defendant recognized and reflected the instant crime; and (b) the victim is not subject to punishment of the Defendant.
On the other hand, the fact that the defendant was sentenced to the suspension of the execution of imprisonment for the same crime is disadvantageous.
In addition, considering the defendant's age, gender and environment, motive, means and consequence of the crime, and circumstances after the crime, etc., the sentence of the court below is too unreasonable since the defendant's punishment is too unreasonable. Thus, the above argument by the defendant is groundless.
3. In conclusion, the Defendant’s appeal is dismissed pursuant to Article 364(4) of the Criminal Procedure Act on the grounds that the Defendant’s appeal is without merit, and the application for compensation by the applicant for compensation is not reasonable to issue an order for compensation in criminal proceedings because the scope of the Defendant’s liability for compensation is not clear. Therefore, it is so decided as per Disposition by the assent of all participating Justices on the bench to dismiss it in accordance with Article 32(1)3 of the Act on Special Cases Concerning