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(영문) 서울서부지방법원 2014.09.19 2014노766
사기등
Text

1. The defendant's appeal is dismissed;

2. The Defendant shall pay the applicant for compensation the amount of KRW 16.5 million.

3. This.

Reasons

1. The summary of the grounds for appeal is that the sentence of the court below (one year and six months of imprisonment) is too heavy;

2. Determination is a normal situation favorable to the defendant, such as: (a) the fact that the defendant made a confession of a crime in the trial at the time of the trial that seriously reflects the defendant; (b) the principle of equity with the case of a final judgment; (c) the crime of forging private documents, and the crime of uttering of a falsified document; and (d) the fact that there is no same power of a fine if the judgment was final and conclusive; (c) the defendant has a dependent on the defendant;

However, considering the following factors: (a) the Defendant agreed with the victims or did not compensate for damage; (b) the amount of damage caused by the fraud is considerably significant; and (c) the victim L wants to be punished by the Defendant; and (d) other factors of sentencing specified in the instant argument, such as the background of the instant crime; (b) the circumstances after the instant crime; and (c) the Defendant’s age and character and conduct, the sentence of the lower court against

3. According to the conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is groundless, and the application by the applicant for compensation is accepted within the scope of KRW 16.5 million under Articles 25 (1) and 31 (1) and (2) of the Act on Special Cases Concerning the Promotion, etc. of Litigation, etc., and the decision is made as per the disposition by applying Article 31 (3) of

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