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(영문) 수원지방법원 2014.07.17 2014노2431
사기등
Text

The defendant's appeal is dismissed.

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

Reasons

1. The decision of the court below on the gist of the grounds of appeal by the defendant is too unreasonable;

2. In full view of various circumstances, including the Defendant’s age, character and conduct, environment, background of crimes, means and method, etc., and the sentencing conditions indicated in the instant pleadings and records, such as the following: (a) the Defendant had the same type of larceny, fraud, and fraud committed more than 17 times; (b) the Defendant was sentenced to punishment by committing the same larceny and fraud; and (c) the Defendant was in prison to commit the instant crime again within the repeated crime period; and (d) the Defendant did not make adequate efforts to recover from damage without agreement with the victims; and (c) the Defendant’s assertion is not acceptable since it is too unreasonable to the extent that the Defendant’s punishment should be reversed.

3. The applicant for partial compensation asserts that the Defendant is obligated to pay the applicant for compensation the total amount of KRW 8,970,000,000, total amount of damages from the tools and materials, such as vialives, ample, microphones, microphones, spackers, etc., and electric tools and materials, such as electric divers, etc. Therefore, the above damaged goods claimed by the applicant for compensation are not entirely related to the Defendant’s crime of this case, and thus, it cannot be deemed as damage caused by the Defendant’s criminal act

4. In conclusion, the defendant's appeal is without merit and it is dismissed under Article 364 (4) of the Criminal Procedure Act, and the application for compensation by the applicant for compensation is dismissed under Article 32 (1) 2 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings. It is so decided as per Disposition.

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