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(영문) 전주지방법원 2017.06.16 2017노141
사기
Text

The judgment below

The appeal filed by both the Defendant and the prosecutor on the part of the case is dismissed.

The judgment below

(2).

Reasons

The decision of the court below (6 months of imprisonment) that is unfair for sentencing of the defendant is unfair because it is too unreasonable.

Since the defendant fully pays 92,00 won by fraud to the applicant for compensation order, the part that the court below ordered the applicant for compensation to pay the above amount shall be revoked.

The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

Judgment

The judgment on the part of the case of the defendant is favorable to the defendant, such as the fact that the defendant recognized all of the crimes of this case and against the mistake, the defendant appears to have completed the recovery of damage to all 58 victims through repayment or deposit up to the trial of the party, and 48 of the above victims do not want the punishment of the defendant.

On the other hand, the fact that the crime of this case was committed repeatedly against many victims, the defendant has served as one time of suspended execution and three times of fines due to the same crime, and in particular, the fact that the crime of this case was committed again as a period of suspended execution due to the crime of this case is disadvantageous to the defendant.

In full view of the aforementioned circumstances and other various sentencing conditions as seen above, such as the Defendant’s age, sexual conduct, environment, family relationship, motive for committing a crime, and circumstances before and after committing a crime, the lower court’s punishment is too heavy or is deemed unreasonable as it is too low.

Therefore, the argument that the sentencing of the defendant and the prosecutor is unfair is without merit.

1) Article 25(1) of the Act on Special Cases Concerning the Promotion, etc. of Lawsuits provides that an order for compensation pursuant to the provision of Article 25(1) of the Act on Special Cases Concerning the Promotion, etc. of Lawsuits intends to provide a simple and prompt recovery of damage to a victim by ordering compensation to the accused only when the amount of damage is specified for direct property damage suffered by the victim of the criminal act, and only when the scope of liability for compensation of the accused is evident.

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