(영문) 수원지방법원 2018.04.30 2018노1397 | 리걸엔진

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 2018.04.30 2018노1397

사기

Text

The defendant's appeal is dismissed.

An applicant for compensation shall be dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (three years of imprisonment) is too unreasonable.

2. The decision shows the attitude of the defendant to recognize and reflect his mistake, and the fact that the defendant has no criminal record for the same kind of crime is favorable to the defendant.

However, the crime of this case was committed by deceiving a large amount of money exceeding KRW 270 million in total during a relatively short period of time against a victim who lacks intellectual ability, and the nature and criminality of the crime is not very good. Since the crime of this case did not reach an agreement with the victim even after the crime of this case and it did not find a strong trace of efforts to recover the damage, it seems that the victim and his family members suffered considerable damage.

In addition, the defendant has a number of criminal punishment records, and the crime of this case constitutes a crime during the period of repeated crime and is more likely to be criticized.

In light of the above circumstances favorable or unfavorable to the defendant, the circumstances after the crime of this case, the age of the defendant, sexual conduct, environment, and other various sentencing conditions as shown in the argument of this case, the sentence of the court below is too unreasonable. Thus, the above assertion by the defendant is without merit.

3. According to the records of the judgment as to the application for compensation by the applicant for compensation, the applicant for compensation was made at the court below (the early 4th of 2018) but the above application for compensation was rejected on the ground that it is not reasonable to issue an order for compensation in the criminal procedure of this case, but again filed an application for compensation at the court at the same time again. Article 32(4) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings provides that the applicant cannot file an objection against the judgment dismissing the application for compensation and cannot file an identical application for compensation again. Thus, the above application by the applicant for compensation is unregistered.

4. Thus, the defendant's appeal is without merit.

유사 판례

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-서울동부지방법원 2017.06.15 2017노17

-울산지방법원 2017.01.26 2016노2139