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(영문) 수원지방법원 2019.02.01 2018노7671
사기등
Text

All appeals filed by prosecutors and Defendant A shall be dismissed.

An application for compensation by an applicant for compensation shall be dismissed.

Reasons

1. The summary of the grounds for appeal 1) The Prosecutor’s sentence (10 months of imprisonment, 2 years of suspended sentence, 80 hours of probation, and 80 hours of community service) of the lower court (10 months of probation, Defendant A: imprisonment with prison labor, 6 months of probation, 80 hours of probation, etc.) is too uneasible and unreasonable.

2. The lower court sentenced Defendant A to 10 months of imprisonment, 2 years of suspended execution, and 80 hours of probation and community service in consideration of the unfavorable circumstances and favorable circumstances.

There is no circumstance that the sentencing of the lower court is deemed to have exceeded the reasonable bounds of discretion, or that the lower court’s sentencing is unfair in full view of the following: (a) the Defendants’ damage amount caused by the instant fraud, in particular, and the amount of damage was large; (b) the Defendant A gambling a private sports entertainment for a considerable period of time; (c) Defendant A gambling his mistake; (d) Defendant A was divided and there was no criminal record exceeding the fine; and (e) Defendant B was the initial offender and the degree of participation was not excessive; and (e) the applicable sentence was deemed to have exceeded the reasonable bounds of discretion; or (e) the lower court’s determination is deemed to have been inappropriate.

In addition, considering the circumstances, age, character and conduct, family relationship, etc. after the crime of this case, the sentence of the court below is appropriate, and it is not recognized that it is too poor or unreasonable.

3. The final prosecutor and the defendant A’s appeal are dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that they are without merit.

Meanwhile, since the fact that the application for compensation filed by the applicant for compensation filed in this court is apparent in the record on January 21, 2019, which was after the closing of argument, the applicant for compensation applied for compensation order again for the same reason in this court after receiving a decision to dismiss the application for compensation order in the original court.

However, the applicant for compensation shall dismiss the application or refer to a part thereof.

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