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(영문) 서울중앙지방법원 2020.06.18 2020노946
공문서위조등
Text

All appeals filed by the defendant and prosecutor are dismissed.

The defendant shall obtain 68,00,000 won from V, an applicant for compensation.

Reasons

1. As to the summary of the grounds for appeal (e.g., imprisonment) by the lower court (e., three years of imprisonment), the Defendant asserts that it is too unreasonable, and the prosecutor argues that it is too uneasible and unreasonable.

2. We also examine the judgment and prosecutor’s allegation of unreasonable sentencing.

If there is no change in the conditions of sentencing compared with 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 Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Comprehensively taking account of the grounds for sentencing indicated in the arguments and records in the instant case, the lower court’s punishment appears to have been appropriately determined by fully taking into account all the circumstances, including the various grounds for sentencing asserted by the Defendant and the Prosecutor, and there is no change in the conditions for sentencing compared with the lower court, as new materials for sentencing have not been submitted

In addition, comprehensively taking account of the following circumstances, such as the Defendant’s age, character and conduct, environment, motive and background of the offense, means and consequence of the offense, and the circumstances after the offense, etc., the lower court’s sentencing does not seem to be excessively heavy or unreasonable because it goes beyond the reasonable scope of discretion.

Therefore, the defendant and prosecutor's argument of unfair sentencing is without merit.

3. According to the evidence duly adopted and examined by the lower court regarding the application for compensation order, the lower court recognizes the fact that the Defendant acquired 68,000,000 won from V, an applicant for compensation, thereby, the Defendant is obliged to pay the above applicant for compensation KRW 68,00,000.

4. In conclusion, since the appeal filed by the defendant and the prosecutor is without merit, all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and since the application for compensation order filed by V, the applicant for compensation, is well-grounded, an application for compensation order filed by the defendant, pursuant to Articles 25(1) and 31(1) and (2) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings

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