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(영문) 대구지방법원 2020.07.21 2020노413

사기

Text

The defendant's appeal is dismissed.

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

Reasons

1. The summary of the grounds for appeal (a two-year imprisonment) by the lower court is too unreasonable.

2. The lower court decided on the Defendant’s assertion of unfair sentencing, taking into account the various circumstances on which the sentencing conditions are attached, determined a punishment within a reasonable scope. There are no special circumstances or changes in circumstances that may change the sentencing of the lower court following the lower judgment.

The sentencing of the court below is not unfair.

(3) The defendant and his defense counsel asserted that the defendant did not have the intention of deception, but according to the evidence duly adopted and examined by the court below, at least the defendant can be found to have the criminal intent of deception, so the above assertion by the defendant and his defense counsel is not accepted). 3. The application for compensation order by the applicant for compensation filed in the trial of the court below as to the application for compensation order is not reasonable in the criminal procedure because the scope of the defendant's liability for compensation is not clear. Thus, the application for compensation order by the applicant for compensation filed in the trial of the court below is dismissed in accordance with Articles 32(1)3 and 25(3)3

4. In conclusion, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. The application for compensation order by the applicant for compensation is dismissed in accordance with Article 32 (1) 3 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings. It is so decided