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(영문) 수원지방법원 2016.05.04 2015노6068
사기
Text

The defendant's appeal is dismissed.

The defendant pays 50,000,000 won to the applicant G for the compensation.

Reasons

1. The sentence of the lower court (eight months of imprisonment) on the gist of the grounds of appeal is too unreasonable.

2. Examining the sentencing conditions as indicated in the records and changes in the judgment of this case compared with the sentencing reasons in the judgment of the court below, even considering all the circumstances alleged by the defendant on the grounds of appeal, the sentence of the court below cannot be deemed to be too unreasonable.

The judgment below

There is no significant change in circumstances to consider the sentencing of the accused.

Therefore, the defendant's argument of sentencing is not accepted.

3. 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, and an application for compensation against the money obtained by the applicant for the compensation filed in the trial of the party is with merit, and it is so decided as per Disposition by citing it in accordance with Articles 25 (1) 1, 31 (2), and 31 (3) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings.

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