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(영문) 광주지방법원 2013.08.28 2013노1444
사기
Text

The defendant's appeal is dismissed.

The defendant shall pay 3,050,000 won to the applicant for compensation by deceit.

3.2

Reasons

1. The decision of the court below on the gist of the grounds for appeal is too unreasonable.

2. The fact that the judgment defendant recognized his mistake and has no same criminal records is favorable.

However, in light of the circumstances, such as the fact that there is no good health condition and the fact that it is not good that the crime is committed against the elderly female victims who are vulnerable to the crime due to the death judgment, and that there is no damage to this court at all until this court, etc., and other unfavorable circumstances such as the defendant's age, character and behavior, occupation and environment, motive and circumstance leading to the crime of this case, and the circumstances after the crime, etc., the court below's punishment is too unreasonable. Thus, the defendant's assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed pursuant to Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. Since the application for compensation order by the applicant for compensation is well-grounded, the order for payment of KRW 33,050,000 shall be issued to the defendant under Articles 25 (1), 31 (1) and 31 (2) of the Act on Special Cases Concerning the Promotion, etc. of Litigation, etc., and provisional execution shall be attached to a sentence of provisional execution

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