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(영문) 수원지방법원 2016.09.22 2016노4631
사기
Text

The defendant's appeal is dismissed.

All of the applicants' applications for compensation are dismissed.

Reasons

1. The sentence imposed by the lower court (ten months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The circumstances favorable to the defendant include: (a) the defendant recognized all of the crimes of this case; (b) the victims expressed their intention that H does not want punishment against the defendant at the original trial; and (c) the defendant has no record of criminal punishment for the same kind of crime.

However, in full view of the fact that the amount acquired by the Defendant through multiple times from five persons, such as the victim D, by pretending to his/her intent or ability to repay, exceeds a total of 78 million won, the victims have not yet been properly recovered from the victims, the fact that the Defendant has a record of criminal punishment for another crime, and other various sentencing conditions such as the Defendant’s age, sexual behavior, environment, and family relationship, the sentencing of the lower court is too unreasonable.

3. In conclusion, the Defendant’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the Defendant’s appeal is without merit, and each of the applicants for compensation order is not clear in the scope of Defendant’s compensation liability, and thus, all of them are dismissed in accordance with Articles 32(1)3 and 25(3)3 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings.

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