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(영문) 대구지방법원 2018.06.28 2017노5546
사기등
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 summary of the grounds for appeal (7 million won in penalty) is too unreasonable.

2. Determination of the unfair argument of sentencing is based on the following: (a) the Defendant committed the instant crime at the time of the trial; (b) the time when all the instant crime was committed; (c) the financial situation is not good; and (d) the Defendant has no record of being punished for the same kind of crime; and (c) the Defendant has no record of being punished

On the other hand, the fact that the defendant did not reach an agreement with the victim up to the trial of the party is disadvantageous to the defendant.

In full view of the Defendant’s age, sex, environment, health, circumstances leading to the commission of a crime, means and result, scale of a crime and circumstances after a crime, etc., which can be known through records and pleadings, the sentence sentenced by the lower court appears to be reasonable, and the lower court’s sentencing judgment exceeded the reasonable bounds of discretion.

There is no circumstance that the assessment or maintenance thereof is deemed unfair (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Therefore, it is difficult to deem that the sentence imposed by the lower court is unfair because it is too unreasonable as the Defendant alleged.

3. An applicant for judgment on the part of the application for compensation sought compensation of KRW 19,00,00 and the amount calculated at the rate of 15% per annum from the day following the delivery of a copy of the application for compensation to the day of full payment. Thus, according to the records, it is not reasonable to issue an order for compensation as the scope of Defendant’s liability is unclear since it is unclear as to the completion of payment and extinction of prescription.

4. 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. The application for remedy order by the applicant for remedy order is dismissed in accordance with Articles 32 (1) 3 and 32 (2) and 25 (3) 3 of the Act on Special Cases Concerning the Promotion, etc. of Litigation, etc., and it is so decided as per Disposition.

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