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(영문) 광주지방법원 2017.09.13 2017노2236
사기
Text

The defendant's appeal is dismissed.

The request of the applicant for compensation shall be dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (the imprisonment of 3 years and 6 months) is too unreasonable.

2. In full view of various sentencing conditions indicated in the records and arguments, including the following facts: (a) the amount of damage caused by each of the instant crimes exceeds KRW 1 billion; (b) the Defendant did not agree with the victims up to the trial; and (c) there was no particular change in the sentencing conditions compared with the original judgment; and (d) the lower court’s punishment cannot be deemed unfair; and (b) the Defendant’s allegation is without merit.

3. In conclusion, 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. The Defendant’s application for remedy filed in the first instance trial is not clear in the scope of liability for damages, and is thus dismissed in accordance with Articles 32(1) and 25(3)3 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings. It is so decided as per Disposition.

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