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(영문) 대전지방법원 2018.01.11 2017노3388
사기
Text

The defendant's appeal is dismissed.

An applicant for compensation shall be dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (two years of imprisonment) is too unreasonable.

2. The lower court determined the Defendant’s punishment within a reasonable scope by fully taking into account all the circumstances regarding the sentencing of the Defendant, and there is no circumstance to newly consider in the appellate court. Therefore, even considering the circumstances asserted by the Defendant on the grounds of appeal, the lower court’s punishment is too unreasonable.

3. The application filed by the applicant for compensation as to the application for compensation falls under a case where the scope of the Defendant’s liability for compensation is not clear and thus rejected.

4. In conclusion, the defendant's appeal is without merit. Thus, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. The defendant's application for compensation is dismissed in accordance with Article 32 (1) and (4) and Article 25 (3) 3 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings. It is so decided as per Disposition.

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