(영문) 광주지방법원 2020.10.20 2020노7 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 광주지방법원 2020.10.20 2020노7

사기

Text

The prosecutor'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., a fine of KRW 4,00,00) of the lower court is too uneased and unreasonable.

2. In addition, compared to the judgment of the court below on the grounds for appeal, there is no change in the conditions of sentencing in this court, and the sentencing of the court below is difficult to deem that it exceeded the reasonable scope of discretion, and considering the defendant's age, character and conduct, character and environment, motive, means and consequence of the crime, circumstances after the crime, etc., the court below's sentencing conditions as stated in the argument of this case, such as the defendant's age, character and conduct, motive, means and consequence

Therefore, prosecutor's assertion is not accepted.

3. An applicant for a compensation order filed in this court with a claim for payment of money calculated at the rate of 20% per annum from the day following the service date of a copy of the application for compensation order to the day of complete payment, which was obtained by deceptive money which was not received from the Defendant, but also from the day of service of a copy of the application for compensation order. However, the Defendant repaid the applicant for compensation of KRW 3,00,000 on September 29, 2020 to the day of full payment, which constitutes a case where the existence or scope of the liability for compensation is unclear and thus it is impossible to issue a compensation order.

Therefore, the application for compensation order by the applicant for compensation should be dismissed.

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 the application for compensation order by the applicant for compensation is dismissed in accordance with Article 25 (3) 3 and Article 32 (1) 3 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings. It

참조조문

-소송촉진 등에 관한 특례법 제25조 제3항 제3호

-소송촉진 등에 관한 특례법 제32조 제1항 제3호

-형사소송법 제364조 제4항

유사 판례

-광주지방법원 2016.12.20. 선고 2016노552 판결

-광주지방법원 2016.12.20 2016노552

-광주지방법원 2014.05.28 2014노93

-대구지방법원 2019.05.02 2018노3708

-서울동부지방법원 2020.09.11 2020노125