(영문) 서울중앙지방법원 2014.02.20 2014노12

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울중앙지방법원 2014.02.20 2014노12

사기

Text

The defendant's appeal is dismissed.

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

Reasons

1. The sentencing of the court below (one year of imprisonment) is too unreasonable.

2. There are extenuating circumstances such as the fact that the Defendant’s decision on the grounds of appeal reflects the mistake.

However, in full view of the following circumstances: (a) did not recover from damage even though the amount of defraudation was high; (b) did not agree with the victims; and (c) there was no special circumstance or change in circumstances that may be newly considered in the sentencing after the pronouncement of the lower judgment; and (d) other circumstances that form the conditions for the argument and the sentencing specified in the record of the instant case, including the Defendant’s age, character and conduct, environment, motive and background of the crime, means and method of the crime, and circumstances after the crime, etc., the Defendant’s assertion is not acceptable

3. According to Article 32(3) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings as to the Application by an applicant for compensation, the applicant may not appeal against the judgment dismissing the application for compensation, and may not file the same application for compensation again.

However, according to the records, although the court below made an application for compensation at the court below, the court below acknowledged the fact that the applicant dismissed the application of the applicant for compensation on the ground that the scope of the defendant's liability for compensation is not clear, and since the applicant again made the same application for compensation,

Therefore, the application of the applicant for compensation is rejected.

4. In conclusion, the defendant's appeal is without merit and it is dismissed under Article 364 (4) of the Criminal Procedure Act, and it is so decided as per Disposition by the decision to dismiss the application of the applicant for compensation.

참조조문

-소송촉진 등에 관한 특례법 제32조 제3항

-형사소송법 제364조 제4항

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