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(영문) 서울남부지방법원 2019.05.02 2019노174
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The court below rejected the application for compensation of the applicant, and since the applicant cannot file an objection against the judgment dismissing the application for compensation pursuant to Article 32(4) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, the above application for compensation became final and conclusive immediately, the part of the court below's rejection of the above application for compensation in the judgment below is excluded from the scope of the trial

2. The summary of the grounds for appeal (e.g., 10 months of imprisonment) by the lower court is too unreasonable.

3. The Defendant appears to have led to a confession of the facts charged and divided into the truth, when it comes to the trial.

On the other hand, however, the crime of this case is not good in light of its methods and contents.

The defendant has been punished as a crime of fraud under the same law.

After the crime, damage recovery has not been made even though considerable time has passed, and the victims are punished by the defendant.

In full view of the aforementioned circumstances and other circumstances, including the Defendant’s age, character and conduct, motive and background of the crime, and circumstances after the crime, etc., the sentencing of the lower court cannot be deemed to be unfair because it excessively deviates from the scope of reasonable discretion.

The defendant's assertion of unfair sentencing is without merit.

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

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