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(영문) 서울동부지방법원 2017.11.17 2017노1285
사기
Text

The prosecutor's appeal is dismissed.

Defendant J. 22,600,000 won for compensation and 410,000 won for compensation to the applicant F.

Reasons

1. In light of the summary of the grounds for appeal (unfair sentencing) of this case’s sentencing conditions, the sentence of two-year imprisonment, which the court below decided against the defendant, is too uneasible and unfair.

2. In full view of the reasons for sentencing indicated in the records of the instant case, the lower court’s sentencing appears to have been appropriately determined by fully considering the various reasons for sentencing alleged by the prosecutor, and there are no other special circumstances to the extent that the said punishment is modified.

In the end, the prosecutor's improper argument of sentencing is not accepted.

3. In conclusion, the prosecutor's appeal is dismissed pursuant to Article 364 (4) of the Criminal Procedure Act, and it is reasonable to apply for each compensation order by J, F, H, AL, G, Z, S, I,K, and W, and the applicant for compensation raised in the trial at the trial at the trial at the trial at the court below is justified. Thus, the compensation for only the principal by deceit under Articles 25 (1), 31 (1) and 31 (2) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings shall be granted, and provisional execution is attached to each of the above compensation orders pursuant to Article 31 (3) of the same Act. It is so decided as per Disposition. [1........., in the part of the law applied by the court below, Article 35 of the Criminal Procedure Act (the fraud against the victim at the time of repeated crime No. 29 days per annum, which is clearly changed by Article 35 of the Criminal Procedure Rule 25 of the Criminal Procedure Act (the Rules No. 35 days per annum).

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