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(영문) 서울중앙지방법원 2018.05.31 2018노143
사기등
Text

All appeals by the defendant and the prosecutor are dismissed.

An application for compensation by an applicant for compensation shall be dismissed.

Reasons

1. The gist of the grounds for appeal by the defendant and the prosecutor is that the defendant is unfair due to the excessive reduction of the punishment of the court below (4 million won). The prosecutor, rather than the above punishment, was unfair because the above punishment is too unfasible (the prosecutor's assertion of the legal principles was withdrawn). 2. On the other hand, the defendant's crime was committed on 40 occasions after acquiring another person's credit card and attempted to use it for 40 times, and the damage was entirely not recovered.

However, the court below's punishment is reasonable if there are favorable circumstances such as the defendant's confession of the crime of this case, and various sentencing conditions such as the defendant's occupation, age, sexual conduct, motive for the crime, and circumstances after the crime are taken into account.

3. According to Article 22 (9) (k) of the Agreed Minutes of the Agreement under Article 4 of the Mutual Defense Treaty between the Republic of Korea and the United States of America, Regarding Facilities and Areas and the Status of United States Armed Forces in the Republic of Korea, the defense counsel asserts that the Prosecutor’s unfair appeal for sentencing is not allowed, and that the Prosecutor’s appeal of this case itself is unlawful.

4.Paragraph 9 (k) of Article 22 of the above Minutes shall not be found guilty on the part of the prosecution of the Republic of Korea, nor appeal against a judgment of innocence, or appeal against a judgment of the defendant not appealed in any case where the Office of the Republic of Korea prosecution prosecutions a member of the United States Armed Forces of the United States of America, a civilian or his family member.

However, this case’s judgment does not fall under “not guilty or a judgment of not guilty,” such as dismissal, dismissal, and innocence, and the Defendant appealed against the judgment of the court below which rendered the conviction, and thus, does not fall under the case where the prosecutor’s appeal is restricted, and as the Defendant has already lodged an appeal, the prosecutor filed an appeal.

(b).

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