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(영문) 서울서부지방법원 2021.01.28 2020노1362
사기등
Text

Defendant

All A and prosecutor appeals are dismissed.

The applicant for compensation in the trial shall be dismissed.

Reasons

The main reason for appeal is that the punishment imposed by Defendant A (one year and six months of imprisonment) by the court below is too unreasonable.

The punishment sentenced by the court below to the defendants (one year and six months of imprisonment, and two years of imprisonment) is too unhued and unfair.

If there is no change in the terms and conditions of sentencing compared to the first instance court’s judgment on the grounds for appeal, and the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). No change in the conditions of sentencing exists in comparison with the lower court on the ground that no new data on sentencing have been submitted in the health room and the first instance court’s judgment on the grounds for appeal.

In full view of the grounds for sentencing revealed in the process of the records and changes in the instant case, the lower court’s sentencing against Defendant A is too heavy, or the lower court’s sentencing against the Defendants exceeded the reasonable scope of discretion, as it is unhutiled.

It does not appear.

Defendant

A and prosecutor's respective arguments about sentencing are without merit.

The applicant for compensation for the trial at the judgment of the court on the application for compensation of the above trial is seeking compensation order against the defendant A by fraud.

However, since the application for compensation by Q Q is received after the closing of pleadings, it is in violation of Article 26 (1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings and has been in violation of the law.

B. A. A.C. that he/she suffered fraud from Defendant A.

There is no evidence to see that there is no evidence ( even if the facts charged in this case are based on the facts charged, the applicant for compensation for the trial is the victims of the crime of fraud committed by Defendant B). The application for compensation for the trial by Defendant Q is unlawful, and the application by X and AC for compensation for the trial is groundless.

In conclusion, the appeal filed by Defendant A and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and all applications for compensation order filed by the applicants for compensation for the trial is not legitimate or reasonable, and therefore, Article 32(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings is not legitimate or reasonable.

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