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(영문) 인천지방법원 2020.10.16 2020노1914
사기등
Text

The prosecutor's appeal is dismissed.

Each applicant for compensation in the trial of the party concerned shall be dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for up to eight months) that the court below sentenced to the defendant is undue.

2. We examine the judgment on the grounds of appeal, and there is no change of circumstances to consider the sentencing after the judgment of the court below, and considering the various sentencing conditions in the records and arguments of this case, the court below’s punishment is too uneasible and unreasonable even when considering the circumstances alleged by the prosecutor as the grounds of appeal.

3. According to the records of this case as to the application for compensation in the trial of the court of the first instance, the applicant for compensation filed each application for compensation at the court of the first instance at the court below. The court below found the defendant guilty as to the facts charged and rejected each of the above application for compensation, and found the fact that the applicant for compensation in the trial of the court of the first instance again filed an application for compensation after the decision of the court below was rendered. Since the applicant did not appeal against the judgment dismissing the application for compensation or accepting part thereof, and the applicant for compensation cannot file the same application for compensation again (Article 32(4) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings

4. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the prosecutor's appeal is without merit, and each application for compensation filed by the applicant for compensation at the trial is dismissed in accordance with Article 32 (1) 1, (2) and (4) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings.

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