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(영문) 서울서부지방법원 2012.11.15 2012노1109
사기등
Text

The defendant's appeal is dismissed.

The Defendant shall pay KRW 190,000 to BB who is an applicant for compensation.

The above order shall be.

Reasons

1. The sentence imposed by the court below (one year of imprisonment) shall be unlimited and unfair.

2. The court below's punishment is reasonable in light of various circumstances, such as the circumstance and means of the crime of this case, and the situation after the crime of this case, such as the fact that the defendant committed the crime of this case, etc., during the period of repeated crime, after being sentenced to a suspended sentence due to a violation of the Military Service Act, he again committed the crime of violating the Military Service Act after being sentenced to the suspended sentence due to the death of his mother-child, and again committed the crime of violation of the Military Service Act during the period of repeated crime. However, the defendant committed the crime of this case repeatedly against many unspecified victims, and the nature of the crime is serious. The defendant's punishment is not restored, and the defendant's allegation of unfair sentencing is not accepted.

3. Thus, the defendant's appeal is dismissed pursuant to Article 364 (4) of the Criminal Procedure Act since there is no ground for appeal, and the application for compensation by the applicant for compensation is reasonable. Thus, the order for compensation and the declaration of provisional execution following the order under Articles 25 (1) and 31 (3) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings shall be issued

(However, in accordance with Article 25(1) of the Rules on Criminal Procedure, "BD" in the name of the injured party on the 15th page of the judgment of the court below shall be corrected as "B".

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