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(영문) 서울중앙지방법원 2017.04.21 2016노5214
사기
Text

The defendant's appeal is dismissed.

The defendant will pay 85,00 won to the applicant by deceitation.

Reasons

1. The punishment sentenced by the first instance court to the summary of the reasons for appeal (one year and six months of imprisonment) is too unreasonable;

2. There is no change in circumstances that may be considered in sentencing after the judgment of the first instance court, and considering the various conditions of sentencing as shown in the records and arguments of the instant case in addition to the circumstances described in the column of the reasons for sentencing of the judgment of the first instance court, it cannot be deemed that the first deliberation sentence against the Defendant is too unreasonable.

3. 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 application for compensation order which is the applicant for compensation is well-grounded, Article 25 (1) 1 and Article 31 (1) and (2) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings is ordered to pay 85,000 won by deceiving the applicant for compensation to the applicant for compensation pursuant to Article 31 (3) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, and provisional execution is attached to the compensation order.

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