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(영문) 대전지방법원 2017.08.24 2017노888
사기등
Text

The defendant's appeal is dismissed.

The defendant pays 200,000 won to the applicant I.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) that the lower court sentenced the Defendant (one year of imprisonment and one year of confiscation) is too unreasonable.

2. Determination

A. In a case where there is no change in the conditions of sentencing compared to the first instance court’s determination on the grounds for appeal, and where the first instance judgment does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The lower court determined a punishment within a reasonable scope by fully taking into account the overall circumstances regarding the sentencing of the Defendant into account, and there is no circumstance to be newly considered in the first instance trial, and thus, even considering the circumstances asserted by the Defendant on the grounds of appeal, it is not recognized that the lower court’s punishment is too unreasonable.

(c)

According to the records of the judgment on the application for compensation order, the defendant's damages suffered by the claimant due to the crime of this case can be recognized as the facts constituting 20,000

Therefore, the application for compensation order by the applicant for compensation is justified within the above scope.

3. 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. Since an application for remedy order filed by the applicant for compensation is well-grounded within the scope of the above recognition, it is ordered that the defendant pay 20,000 won as ordered to the applicant for compensation pursuant to Articles 25 (1), 31 (1), and 31 (2) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, etc., but it is ordered that the above order be provisionally executed in accordance with Article 31 (3) of the same Act.

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