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(영문) 의정부지방법원 2020.10.16 2020노1919
사기
Text

The defendant's appeal is dismissed.

Reasons

The court below rejected the application for compensation by B, the applicant for compensation, and partly accepted the application for compensation by C.

An applicant for compensation cannot file an objection against the judgment dismissing an application for compensation or accepting a part thereof (Article 32(4) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings). Of the judgment below, the dismissal of the above application for compensation and the part partially cited shall be excluded from the scope

Summary of Grounds for Appeal

The sentence of the lower court (two years and four months of imprisonment, confiscation) is too unreasonable.

Judgment

Considering the circumstances and the defendant's age, character and conduct, environment, circumstances after committing the crime, and circumstances after committing the crime, the sentencing conditions specified in the records and arguments of this case are considered. Considering the fact that there is no new change in circumstances to change the sentence of the court below in the trial due to the lack of agreement with the remaining victims since the victims except the victim B have not been recovered until the trial was brought up, it is difficult to view that the court below's sentence is too unreasonable.

Therefore, the defendant's assertion of unfair sentencing is not accepted.

Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since there is no ground for appeal. It is so decided as per Disposition.

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