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(영문) 수원지방법원 2018.05.24 2017노7908
사기등
Text

The judgment of the court below is reversed.

The crimes of KRW 300,00,00 for each of the crimes of KRW 1 in the judgment of the defendant are the crimes of KRW 2.0,00.

Reasons

1. The sentence of the lower court (an amount of four million won) on the summary of the grounds for appeal is too unreasonable.

2. Examination ex officio prior to the judgment on the grounds for appeal by the defendant.

According to the records, the following facts are acknowledged: (a) the Defendant was sentenced to a suspended sentence of two years on December 24, 2015 to imprisonment with prison labor for a violation of the Military Service Act from the Suwon Franchising Board on June 1, 2016; (b) the Defendant was sentenced to seven months of imprisonment with prison labor from the Suwon Franchising Board on June 23, 2017 to the violation of the Military Service Act on February 1, 2018; and (c) each crime of fraud from August 22, 2016 to October 11, 2016 in the holding of the lower judgment was determined to be mitigated or exempted from punishment in consideration of equity among the above crimes in relation to the violation of the Military Service Act and Article 37 of the Criminal Act; and (d) the lower court’s special crime of intimidation on November 22, 2015 as indicated in the holding.

3. An applicant for the determination of compensation as to the application for compensation filed in the trial against the defendant, claiming payment of KRW 100,000 and interest thereon, but the scope of the Defendant’s liability for compensation is not clear, and thus, the application by the applicant for compensation is not accepted.

4. Thus, the court below's decision is reversed pursuant to Article 364 (6) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and it is so decided as follows. The court below's decision is delivered with the order to dismiss the applicant's application for compensation pursuant to Articles 32 (1) 3 and 25 (3) 3 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, etc., and it is decided as per Disposition without examining the defendant's unfair argument of sentencing.

Criminal facts

The summary of the defendant's criminal facts and the summary of his/her evidence recognized by the court are all criminal facts in the judgment of the court below.

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