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(영문) 인천지방법원 2017.04.21 2017노673
사기등
Text

The defendant's appeal is dismissed.

The request of an applicant for compensation shall be dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (6 months of imprisonment) against the Defendant is too unreasonable.

2. Although it is recognized that the Defendant has led to an appeal by the Defendant, it does not seem that the lower court’s sentence is too unreasonable, taking into account the following circumstances: (a) the method and frequency of the instant fraud crime; (b) the amount of fraud; (c) the Defendant continues to commit the same method of fraud without any criminal investigation agency’s criminal investigation; and (d) no particular effort is visible to recover damage; and (e) the Defendant’s age, sex and environment; (b) motive, means and consequence of the crime; and (c) the circumstances after the crime, etc., which are conditions for sentencing specified in the record.

3. According to the records of this case, the aggrieved party may file an application for compensation before the closure of pleadings at the court of second instance (Article 26(1) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings). According to the records of this case, it is recognized that the applicant for compensation (the party trial) filed an application for compensation order with the court on April 6, 2017, after the pleadings at the court of second instance are closed.

Therefore, the application for compensation by the applicant for compensation (the first instance) is in an influence of law.

4. Thus, 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 the applicant's application for compensation is unlawful, it is decided to dismiss it in accordance with Article 32 (1) 1 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings.

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