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(영문) 수원지방법원 2018.08.31 2018노3189
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court rejected the application for compensation order filed by the applicant D for compensation in the lower court, and the applicant for compensation cannot file an objection against the judgment dismissing the application for compensation pursuant to Article 32(4) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings. Therefore, the foregoing dismissed part is excluded from the scope of the trial per party.

2. The lower court’s sentence (the imprisonment of eight months, the suspension of execution of two years, the observation of protection, and the community service order of 80 hours) on the summary of the grounds of appeal is deemed to be too uneasy and unreasonable.

3. In light of the content of each of the instant crimes and the amount of damage, etc., the Defendant is disadvantageous to the Defendant, including the following: (a) the Defendant did not agree with the victim C; and (b) the Defendant had been punished several times due to the same type of crime.

On the other hand, the fact that the defendant recognized his mistake in the past when he was in the past, and is against the defendant, that the defendant agreed with the victim D, that the defendant deposited part of the amount of damage to the victim C, etc. are favorable to the defendant.

Considering the above circumstances and other factors, comprehensively taking into account the sentencing conditions indicated in the records, such as the Defendant’s age, sex, environment, family relationship, motive for committing a crime, and circumstances after committing a crime, it is difficult to deem the lower court’s punishment to be too unfortunate and unfair.

Therefore, the prosecutor's above assertion is without merit.

4. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.

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