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(영문) 부산지방법원 2016.07.21 2016노1615
사기등
Text

The defendant's appeal is dismissed.

An application for compensation by an applicant for compensation filed in the appellate court shall be dismissed.

Reasons

1. The decision of the court below on the summary of the reasons for appeal (the imprisonment of 10 months and the fine of 1 million won) is too unreasonable.

2. There are extenuating circumstances such as the Defendant’s confession of each of the instant crimes.

However, the crime of fraud of this case, however, has been punished three times by a fine, including the punishment of a fine for the same kind of crime, and has the record of receiving juvenile protective disposition on several occasions, the victims are punished by the defendant, since the defendant did not agree with the victims, and the victim is trying to recover the damage, and the defendant has made efforts to recover the damage.

Taking into account the fact that there is no evidence to see that there is no other evidence, and other various circumstances that form the conditions for sentencing as shown in the records and theories of the instant case, such as the Defendant’s age, sex, environment, family relationship, means and consequence of the crime, etc., the sentence imposed by the lower court is too unreasonable.

3. In conclusion, the defendant's appeal is dismissed pursuant to Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit, and the defendant's application for compensation order filed by the applicant for compensation at the court of appeal after the conclusion of argument at the court of appeal, and the application for compensation order filed by the applicant for compensation at the court of appeal was accepted by the court below, but even though the defendant filed an appeal and the part for compensation order was not finalized pursuant to Article 33 (1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, the same application for compensation is not legitimate.

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