사기
The defendant's appeal is dismissed.
All applications for compensation by applicants for compensation in the trial of the party shall be dismissed.
1. The summary of the grounds for appeal (e.g., imprisonment and one year and six months) imposed by the court below is too unreasonable.
2. In a case where there is no change in the conditions of sentencing compared to the judgment of the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.
(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). There is no new circumstance to change the sentence of the lower court in the trial. Considering that the reasons for sentencing as stated by the lower court are the Defendant’s age, character and conduct, records of the crime, motive or circumstance of the crime, and the circumstances after the crime, the sentence imposed by the lower court was conducted within the reasonable scope of discretion.
3. According to the record as to B’s application for compensation order, the court below also applied for the same compensation order, but the court below dismissed the application for compensation order after the closing of argument on the ground that it is unlawful.
Pursuant to Article 32(4) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, an applicant cannot appeal against a judgment dismissing an application for compensation, and cannot file the same application for compensation again, and thus, the application for compensation filed by B, an application for compensation at the trial
(see, e.g., Supreme Court Decision 2016Do7968, Aug. 24, 2016). With respect to the application of P as an applicant for compensation, P’s application for compensation, which is an application for compensation, is unlawful as an application for compensation after the closing of argument in the instant case.
4. 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 filed by the applicant for compensation at the trial is all inappropriate, it is decided to dismiss in accordance with Article 32 (1) 1 of the Act on Special Cases concerning