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(영문) 서울북부지방법원 2020.02.07 2019노2023
절도
Text

The defendant's appeal is dismissed.

The defendant shall pay 5,100,000 won to the applicant for compensation by deceit.

3.2

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) of the lower court against the Defendant is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared with the judgment of the first instance court on the grounds of appeal, 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). The fact that the amount of damage in this case is a relatively small amount, and the fact that the Defendant recognized the crime and against the Defendant is recognized.

However, the Bosing crime is committed against many and unspecified persons without any discrimination, and the social harm is very rough and serious, and it is inevitable to punish the participants.

Defendant committed the instant crime during the period of repeated crime.

As stated in the reasons for sentencing in the judgment of the court below, all of the sentencing conditions against the defendant were considered.

The judgment below

There is no new circumstance to consider the sentencing after the sentence, and taking into account all the conditions of sentencing as shown in the arguments, such as the age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., it cannot be deemed that the sentence imposed by the court below is too unreasonable.

Therefore, the defendant's assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed pursuant to Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. Since the applicant's application for compensation is partially well-grounded, it is not stated in the disposition that orders the defendant to compensate by fraud and dismiss the remaining application for compensation pursuant to Article 7 (2) of the Rules on Special Cases Concerning Promotion, etc. of Legal Proceedings (re-type 2003-8).

In accordance with Article 31 (3) of the same Act, a sentence of provisional execution shall be attached to the above order for compensation, and it shall be decided as per Disposition.

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