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(영문) 의정부지방법원 2018.09.17 2018노1754
사기등
Text

The prosecutor's appeal is dismissed.

All application for compensation filed by the applicant for compensation in the appellate court shall be dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (one year of imprisonment) is too unhued and unreasonable.

2. Each of the instant crimes committed by the Defendant is highly likely to be committed in light of the method, frequency, and amount of damage. Nevertheless, the Defendant did not receive a letter from the victims, and most of the damage has not been recovered, and the fact that there was a history of punishment for fraud is disadvantageous.

However, considering the overall circumstances, such as the Defendant’s age, sexual conduct, environment, circumstances after the crime, and circumstances after the crime, etc., as well as favorable circumstances, such as the Defendant’s recognition of each of the crimes in this case and the fact that there is no record of being sentenced to suspension of qualification or more severe punishment, the Defendant’s punishment against the Defendant is too uneasible and unfair. Thus, the Prosecutor’s improper assertion of sentencing is without merit.

3. In conclusion, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, on the ground that the prosecutor’s appeal is without merit, and the application for remedy order filed by the applicant for compensation at the trial is not clear whether the applicant for compensation at the trial is the victim and thus, it is unclear whether the applicant for compensation at the trial is the victim. Thus, all appeals are dismissed in accordance with Articles 32(1)1 and 32(1)2 and 25(1)1 and 25(3)1 and 3 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings.

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