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(영문) 서울중앙지방법원 2014.01.07 2013노3969
사기
Text

The defendant's appeal is dismissed.

An application for compensation by an applicant for compensation shall be dismissed.

Reasons

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

2. The judgment of the court below is recognized as having a depth and reflect on the defendant's criminal act. However, it cannot be said that the sentence of the court below is too unreasonable in light of the defendant's age, character and behavior, environment, and other sentencing conditions, even though the defendant was found to have committed the crime of this case, it was planned and sealed, the damage of this case was not smaller than 48,350,000 won, and the damage of this case was not recovered up to the trial court, and the defendant has been sentenced to imprisonment with prison labor or a heavier punishment for the same kind of crime.

3. Since an application for compensation by an applicant for compensation filed on December 27, 2013, which was after the closing of argument in the trial of the lower court as to the application for compensation order by the applicant for compensation, is unlawful, an application for compensation order filed by the applicant for compensation is dismissed in accordance with Articles 32(1)1 and 26(1) of the Act on Special Cases Concerning Promotion,

4. In conclusion, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. The application for remedy order by the applicant for compensation is dismissed. It is so decided as per Disposition.

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