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(영문) 대전지방법원 2018.02.20 2017노3843
사기
Text

The defendant's appeal is dismissed.

The request for compensation by the applicant shall be dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the lower court on the Defendant (ten months of imprisonment with prison labor for each of the remaining crimes in the holding and one year and six months of imprisonment with prison labor for each of the remaining crimes in the holding) is too unreasonable.

2. The lower court determined the Defendant’s appeal within a reasonable scope by fully taking into account the overall circumstances regarding the sentencing of the Defendant’s sentencing, and there are no circumstances to be newly considered in the first instance court. Therefore, even considering the circumstances asserted by the Defendant on the grounds of appeal, the lower court’s sentence is too large and unreasonable.

3. The application filed by the applicant for compensation as to the application for compensation falls under the case where the scope of the defendant's liability for compensation is not clear.

4. In conclusion, the defendant's appeal is without merit. Thus, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. The defendant's application for compensation is dismissed in accordance with Article 32 (1) and (4) and Article 25 (3) 3 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings. It is so decided as per Disposition.

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