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(영문) 인천지방법원 2017.09.15 2017노2717
특수상해등
Text

The defendant's appeal is dismissed.

The defendant shall pay 10 million won to the applicant for compensation and Y. 16 million won to the applicant for compensation.

Reasons

1. The sentence imposed by the court below on the defendant (three years of imprisonment) is too unreasonable.

2. Although there is a favorable condition for the defendant, such as that the victim does not want the punishment of the defendant, that the defendant recognized his mistake, and that the concealment and distribution of criminal proceeds using the fraudulent crime of this case and the borrowed account was conducted systematically and systematically. In light of various circumstances, such as methods of establishing the investment site for the purpose of fraud, frequency of the crime, amount of the crime, and the role of the defendant in charge of the crime, the nature of the crime and the liability for the crime is not considerably good, the defendant was not agreed with the victims, the defendant committed the crime of this case again during the period of repeated crime, and the defendant committed the crime of this case again during the period of repeated crime, and there are many kinds of criminal records including the violent crime of this case, the age, sex, environment, health conditions, the motive, means and consequence of the crime, the circumstances of the crime after the crime, and the equality of punishment with the accomplice and the accomplice, all of all the sentencing elements in the arguments of this case that the court below sentenced the defendant is too unfair.

3. The victim Y, the net time 22 of the crime list No. 1 as stated in the judgment of the court below as to the application for compensation order was filed in the first instance trial as to the amount of damage (Y: 16 million won, AR: 100 million won) as stated in the judgment of the court below. According to the evidence submitted by the court below, the amount of damage suffered by the above victims is recognized, and the defendant does not dispute the above amount of damage, and thus, the applicant for compensation is all justified.

4. 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. Since the applicant's application for compensation order is with merit, Article 25 of the Act on Special Cases Concerning the Promotion, etc. of Lawsuit

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