(영문) 인천지방법원 2016.06.03 2015노4464 | 리걸엔진

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(영문) 인천지방법원 2016.06.03 2015노4464

사기등

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The defendant's appeal is dismissed.

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

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (6 months of imprisonment) against the Defendant is too unreasonable.

2. It is recognized that the defendant recognized all the criminal facts of this case and reflects the depth of the criminal facts of this case, and that the criminal records of this case and the criminal records of this case as stated in the judgment of the court below should be considered at the same time in relation to concurrent crimes after Article 37 of the Criminal Act. On the other hand, the defendant's assertion is without merit since, in light of the Criminal Code, the nature of the crime is not good, the majority of the victims and the amount of damage are not much, but most damages are not recovered, the defendant requested time to reach an agreement at the trial, and there was no urgent agreement even though the court of the first instance gave sufficient time, and the defendant has been punished several times for the same crime, and the defendant has other records, including the defendant's age, sex and environment, motive, means and result of the crime, and the circumstances after the crime, etc., which are conditions for sentencing of this case.

3. According to Article 26(1) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits for Determination of Application for Compensation Order, the victim shall file an application for compensation order until the closure of pleadings at the court of first instance or the court of second instance. The application for compensation order of this case by the applicant for compensation is made after the closure of pleadings at the court of first instance.

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, and the application for remedy order by the applicant for compensation is dismissed in accordance with Article 32 (1) 1 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings. It is so decided as per Disposition.

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