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(영문) 부산지방법원 2014.05.15 2014노844
사기등
Text

The defendant's appeal is dismissed.

Each application for compensation filed by an applicant is dismissed.

Reasons

Summary of Grounds for Appeal

The sentencing of the court below (one year and six months of imprisonment) is too unreasonable.

Judgment

A. The Defendant’s judgment on the grounds of appeal of the Defendant is against the depth while making a confession of all of the instant crimes, and the fact that some victims have repaid or agreed on damage, etc. is favorable to the Defendant, or that the Defendant was subject to criminal punishment on eight occasions in total, including that he/she was punished twice by the same kind of crime. In particular, the Defendant committed the instant crime even though he/she was sentenced to imprisonment for one year and four months due to the same crime, and even during the period of repeated crime, the victims are majority, and the Defendant did not recover or reach an agreement on damages to many victims up to the trial, and taking into account the motive and circumstance of the instant crime, circumstances after the crime, Defendant’s age, character and conduct, environment, etc., and other various circumstances, which are the conditions of sentencing specified in the records and arguments of the instant case, the sentencing of the lower court is too unreasonable.

B. In the case of Q Q, which is the judgment on the application for compensation, the address of the applicant for compensation is unclear, in the case of the remaining applicants for compensation, the defendant partially repaid the amount to the applicant for compensation, and in the case of the other applicants for compensation, the written agreement is submitted by additional agreement with some applicants for compensation, so the existence or scope of liability for compensation is unclear.

In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, and the application for compensation by the applicant for compensation is dismissed in accordance with Article 32 (1) 3 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings. It is so decided as per Disposition.

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