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(영문) 수원지방법원 2018.09.07 2018노2004
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The lower court rendered a decision to dismiss each of the remaining applications of the above compensation applicants E, 2.60,000 won as to the application for compensation order filed by the applicant D, and 2.90,000 won as to the application for compensation order filed by the applicant E, respectively.

An applicant for compensation cannot file an objection against a judgment dismissing an application for compensation or accepting a part thereof pursuant to Article 32(4) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings. As such, the part dismissed as above shall be excluded from the scope of the relevant trial.

2. The decision of the court below on the gist of the reasons for appeal (one year and four months of imprisonment) is too unreasonable.

3. The circumstances favorable to the defendant are as follows: (a) the fact that the defendant reflects the crime; (b) the social ties of the defendant, such as the birth of his family members and branch members, are clear; and (c) there are family members to support the defendant.

On the other hand, since the defendant committed a crime against many victims repeatedly, the crime of this case is not weak in light of the frequency of the crime and the method of the crime, and even if the defendant was sentenced to the suspension of the execution of imprisonment for the same kind of crime and was sentenced to a fine for the same kind of crime committed during the suspension period, he again committed the crime of this case, and the defendant did not agree with the victims, and most of the damage seems to have not been recovered, etc. are disadvantageous to the defendant.

Considering the above circumstances and the sentencing conditions indicated in the records, such as the Defendant’s age, health, sexual conduct, environment, family relationship, motive for committing a crime, and circumstances after committing a crime, it is difficult to view that the lower court’s punishment is too unreasonable.

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

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

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