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(영문) 수원지방법원 2017.07.17 2017노2562
사기등
Text

The defendant's appeal is dismissed.

An applicant for compensation shall be dismissed.

Reasons

1. The sentence of the lower court (one-year imprisonment) is too unreasonable as to the gist of the grounds for appeal.

2. There are favorable circumstances such as: (a) the Defendant appears to have committed a mistake and reflective behavior; (b) the fact that there is no particular penalty other than the punishment imposed once by a fine; and (c) the fact that some victims have made an agreement or made reimbursement for damage.

However, the principal crime of this case was committed by the Defendant through the Internet for a considerable period of time by deceiving a large amount of 3,00 won on the part of an unspecified number of victims through 26 times, and the nature of the crime is not easy, and considerable damage to the fraud has not yet been recovered, and most of the money that the Defendant acquired by the Defendant was stuffed, and the Defendant committed the same crime continuously and repeatedly even though he was prosecuted by the investigation agency after being investigated into the crime of fraud and tried to proceed with the trial.

Considering the above circumstances favorable or unfavorable to the defendant, the circumstances after the crime of this case, the age of the defendant, sexual conduct, environment, and all other sentencing conditions specified in the argument of this case, even if the defendant considered the circumstances agreed with the victim D when the defendant was in the trial of this case, the sentence of the court below is too unreasonable, and therefore, the above argument by the defendant is without merit.

3. According to the records of the judgment on the application for compensation by the applicant for compensation, the applicant for compensation was found to have filed an application for compensation at the court below (No. 2267 at the beginning of 2016) but the above application was rejected on the grounds that it is not reasonable to issue an order for compensation in the criminal procedure of this case, and Article 32(4) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings provides that the applicant is not dissatisfied with the judgment dismissing the application for compensation and cannot file the same application for compensation again.

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