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(영문) 제주지방법원 2020.05.21 2020노23
사기등
Text

The defendant's appeal is dismissed.

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

Reasons

Defendant’s judgment No. 3 of the lower court

A. (1) The appeal was lodged on the ground that the punishment of KRW 1 million for the crime and KRW 2 years for the remaining crimes are too unreasonable, but the defendant has committed the crime repeatedly for a considerable period of time, multiple criminal records of the defendant have been committed, and in particular, the defendant is not aware of the fact that he is still under repeated crime even though he is still under the period of repeated crime.

A. (1) In light of all the sentencing conditions shown in the records and arguments of this case, including the fact that the defendant committed the remaining crimes except the crime referred to in subparagraph (1) and the fact that the defendant did not receive a letter from the victims, the sentence imposed by the court below is too unreasonable since the sentence of the defendant is too unreasonable (it is recognized that the defendant's criminal records are written in writing, as argued by his defense counsel, but the defendant has a history of punishment several times in addition to the above repeated crime, and the defendant repeatedly committed the crime after release, it cannot be deemed that the sentence of the court below is unreasonable since the defendant's appeal is groundless. Accordingly, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act because it is judged that the scope of the defendant's liability is unclear, such as the amount of damage claimed by the applicant for compensation does not coincide with the amount of damage claimed by the court below. Thus, it is decided as per Disposition by the court below.

However, pursuant to Article 25(1) of the Regulations on Criminal Procedure, “1,164,00 won” in Part 13 of the judgment of the court below is “1,160,000 won,” and “21,224,936 won in Part 7 of the judgment of the court below” in Part 6 of the judgment of the court below shall be “20,684,936 won,” and “AP” in Part 1 of the judgment of the court below in Part 9 of the judgment of the court below shall be “O” and Article 13(8) of the judgment of the court below

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