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(영문) 인천지방법원 2021.03.25 2020노4279
사기
Text

The defendant's appeal is dismissed.

The defendant will pay 308,00 won to the applicant P for the trial compensation.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (two months of imprisonment) is too unreasonable.

2. The case where the sentence of the lower judgment is too heavy or too minor in light of the substance of the specific case.

Based on the statutory penalty, the sentencing is determined within a reasonable and appropriate scope by taking into account the conditions of the sentencing prescribed in Article 51 of the Criminal Act, based on the statutory penalty, and there is a unique area of the first deliberation in our criminal litigation law that takes the trial-oriented principle and the principle of directness.

In addition, in light of these circumstances and the ex post facto in-depth nature of the appellate court, it is reasonable to respect the sentencing in cases where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance does not deviate from the reasonable scope of the discretion. Although the sentence of sentencing of the first instance falls within the reasonable scope of the discretion, it is desirable to refrain from rendering a judgment of the first instance on the sole ground that the sentence of sentencing of the first instance falls within the scope of the discretion and is somewhat different from the opinion of the appellate court (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The lower court’s sentencing of the Defendant for eight months in consideration of the favorable or unfavorable circumstances of the Defendant, as stated in its reasoning, is appropriate and does not seem to be too heavy as the Defendant’s assertion.

3. According to the evidence duly adopted and examined by the court below regarding the application for compensation order, the defendant can be found to have obtained from the applicant for compensation for the above amount of KRW 308,00 from the applicant for compensation for the above amount of KRW 308,00,00 in the market price, and the above applicant for compensation for the above amount of money has filed an application for compensation order at the trial. Thus, the defendant is obligated to pay the above applicant for the above money by deceit.

4. According to the conclusion, the defendant's appeal is without merit, and the Criminal Procedure Act is applicable.

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