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(영문) 의정부지방법원 2014.04.17 2013노2651
사기
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of 1.5 million won.

The above fine shall not be paid by the defendant.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (two million won of a fine) is too unreasonable.

2. The defendant, who was punished as a crime of fraud, has been punished four times, and among them, there are two times of imprisonment and two times of suspension of execution, which are disadvantageously unfavorable to one another. However, in light of the fact that the defendant recognized the crime of this case, and the victim does not want to be punished against the defendant, and other various sentencing conditions in the records of this case, such as the defendant's age, character and conduct, environment, and circumstances after the crime, the sentence of the court below against the defendant is somewhat unreasonable.

3. According to Article 32 subparag. 3 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings as to Application for Compensation, an applicant may not appeal against the judgment dismissing the application for compensation, and may not file the same application for compensation again. The applicant for compensation filed an order for compensation with the appellate court 2013 Seocho-ro859 in order to file an application for compensation with the appellate court, which was dismissed, and the judgment of rejection was rendered. The instant application for compensation is unlawful since it is the same as the instant

4. The decision of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the judgment below is rendered following the pleading. Since the application for compensation by the applicant for compensation is unlawful, it shall be dismissed in accordance with Article 32(1)1 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings.

Criminal facts

The summary of the evidence and criminal facts against the defendant recognized by the court and the summary of the evidence are the same as the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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