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(영문) 서울북부지방법원 2020.11.20 2020노1460
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 (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 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). In light of the foregoing legal doctrine, there is no change in the sentencing conditions compared with the lower court’s failure to submit new sentencing data to the Defendant in the trial room, and even considering the various sentencing factors in the instant pleadings, including various circumstances considered in sentencing, the lower court’s sentencing exceeded the reasonable scope of discretion.

In particular, this is more so in light of the fact that the amount of fraud by the crime of this case was a large amount, and that there has not been a smooth agreement with the victim or a full recovery of damage up to now.

Therefore, the defendant's assertion is without merit.

3. An application for a compensation order may be filed with the court in which the case is pending before the closure of pleadings at the court of first instance or the court of second instance (Article 26(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings). Since an application for a compensation order filed by an applicant for compensation who is the victim of the instant crime was received after the date of closing of pleadings at the court of

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

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