beta
(영문) 서울북부지방법원 2017.11.02 2017노1802

사기등

Text

The defendant's appeal is dismissed.

The defendant pays 170,000 won to the applicant AO for compensation.

Reasons

The decision of the court below on the grounds of appeal (one year and six months of imprisonment) is too unreasonable.

Although there are circumstances that may be considered in light of the circumstances, such as the fact that the defendant's judgment on the grounds for appeal of this case recognizes the crime of this case and the fact that some victims have returned the money by fraud, the criminal act of this case is long and the number of victims is more than 100, and the amount of fraud is not much much, and other circumstances that are conditions for sentencing as shown in the records and pleadings, such as the defendant's age, sex, sex, environment, motive and circumstance of the crime, means and consequence of the crime, the circumstances after the crime, etc. are committed, the sentencing of the court below is determined within a reasonable and appropriate scope, and it is not determined to be unfair because it is excessively unreasonable.

Therefore, the defendant's appeal is dismissed pursuant to Article 364 (4) of the Criminal Procedure Act, and since the applicant's application for compensation filed in the trial of the party is well-grounded, the defendant's appeal is accepted pursuant to Article 25 (1) 1 and Article 31 (2) and (3) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings and a provisional execution is attached, and the defendant's application for compensation order G for compensation added in the trial of the party is overlapping with the application for compensation order filed in the court below, and thus, it is so decided as per Disposition by the court below to dismiss it pursuant to Article 32 (4) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings.

However, the judgment of the court below’s 1 page 1 is that “Seoul Gangnam-gu EJ” means “Seoul Gangdong-gu EJ, 17 Dong 304,” and “applicant I” of “Applicant G” of the 2th page 3, which is written at the address of the applicant E, so it is obvious that he/she will hold office in the same manner as the written order is corrected ex officio in accordance with Article 25 of the Regulation on Criminal Procedure.