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(영문) 대전지방법원 2020.07.22 2020노1152

사기

Text

The defendant's appeal is dismissed.

The defendant shall pay 365,00 won to an applicant for compensation in the trial.

3.2

Reasons

1. The gist of the grounds of appeal is that the Defendant’s punishment (one year and six months) is too unreasonable in light of the following: (a) the Defendant’s perception of all the facts of each of the instant crimes and reflects the wrongness of committing each of the instant crimes, and there is no record of the crimes sentenced to punishment; (b) the amount of damage per victim itself is relatively small; and (c) the instant sentence causes the harsh outcome of the revocation of the suspended sentence.

2. In light of the current Criminal Procedure Act, which takes the principle of court-oriented trials and directness as to the grounds for appeal, there exists an area unique to the first instance court regarding the determination of sentencing. Therefore, it is reasonable to respect the first instance court’s sentencing in a case where there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion (see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). The lower court appears to have determined the sentence by fully taking into account the favorable circumstances alleged in the first instance court. In so doing, the lower court repeatedly committed each of the crimes in this case while the Defendant, who had been punished several times, including the suspension of the execution of imprisonment, due to the same type of fraud in this case, has been repeatedly committed, and most damages have not yet been recovered, and there is no special change in circumstances that the lower court would have to change the sentence after the issuance of the lower court.

3. According to the evidence duly adopted and examined by the court below and the court below's judgment on the application for compensation, the defendant can be recognized as acquiring 365,00 won from the party applicant for compensation.