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(영문) 광주지방법원 2018.04.12 2018노789
사기
Text

The defendant's appeal is dismissed.

The request of the applicant for compensation shall be dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (six months of imprisonment) is too unreasonable.

2. A favorable circumstance is that the defendant's decision on the defendant's unfair argument of sentencing recognizes his/her mistake and reflects his/her fault.

On the other hand, the fact that the defendant repeated the crime of fraud of this case over about 40 times for a considerable period of time, and some of them were recidivismed without being aware of it even after being investigated by the investigative agency, and the victims have not been recovered from damage up to now.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances following the instant crime, the Defendant’s age, sexual conduct, environment, etc., and other various sentencing conditions as shown in the records and arguments, the lower court’s punishment is too unreasonable, and thus, the Defendant’s assertion is without merit.

3. Pursuant to Article 26(1) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits on Application for Compensation Orders, the victim shall file an application for compensation order until the closure of pleadings at the court of first instance or the court of second instance. An application for compensation order against the Defendant by the applicant for compensation is made on March 23, 2018, which is the date of closing the pleadings at the court of first instance, and is made on March 23, 2018.

4. 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 filed by the applicant for compensation is dismissed in accordance with Article 32(1)1 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings.

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