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(영문) 인천지방법원 2020.09.17 2020노1118
특정범죄가중처벌등에관한법률위반(절도)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

The defendant shall obtain money from the applicant for compensation 2,050,000 won.

Reasons

1. The summary of the grounds for appeal (e.g., a two-year imprisonment) by the lower court is too unreasonable, and the prosecutor appealed respectively on the grounds that the sentence of the lower court is too uneasible and unreasonable.

2. Although the Defendant had been punished for the same type of larceny and fraud, several months have not passed since the release, the Defendant committed each of the instant offenses.

In light of the contents and circumstances of each of the instant crimes, the nature of the crime is not good, and the damage caused by the fraud was not recovered.

The above is the circumstances unfavorable to the defendant.

On the other hand, the Defendant confessions all of the crimes of this case and reflects his mistake.

The defendant paid damages to the larceny victim and agreed to do so.

There was a possibility that symptoms such as the stimulative disorder suffered by the defendant have a somewhat impact on the larceny crime.

The defendant is going not to repeat a crime through continuous treatment in the future.

The above is the circumstances favorable to the defendant.

In light of the aforementioned circumstances, comprehensively taking into account the circumstances that led to the Defendant to commit the crime, the age, health condition, character and conduct, environment, and circumstances that are conditions for sentencing as indicated in the instant case, the lower court’s punishment is too heavy or unreasonable, and thus, the Defendant and the prosecutor’s assertion cannot be accepted.

3. The applicant filed an application for compensation with the purport that the Defendant seeks payment of KRW 2,050,000,000, by deceitation, and the Defendant stated that all of the amount and content of the application for compensation filed by the applicant during the first trial at the trial of the court of first instance.

Therefore, the defendant is obliged to pay 2,050,000 won to the applicant for compensation agreed by the defendant.

4. In conclusion, the appeal by the defendant and the prosecutor is without merit, and it is in accordance with Article 364(4) of the Criminal Procedure Act.

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