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(영문) 부산지방법원 2020.01.17 2019노3628
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The lower court rejected all applications for compensation order filed by F, G, and H by the applicant for compensation. However, the applicant for compensation cannot file an objection against the judgment dismissing the application for compensation pursuant to Article 32(4) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings. Therefore, the dismissed portion is excluded from the scope of the adjudication of this court.

2. The summary of the grounds for appeal (e.g., imprisonment with prison labor and two months) of the lower court’s sentence is too unreasonable.

3. The lower court determined the Defendant’s punishment, taking into account the favorable and unfavorable circumstances of the Defendant, as seen above.

In full view of all the circumstances that serve as the condition for sentencing in this Court, the judgment of the court below was judged to have exceeded the reasonable scope of its discretion, or there are no special changes in circumstances that may change the sentence of the court below.

In addition, even if the sentencing grounds revealed in the proceedings of the instant case, such as the Defendant’s age, environment, background and consequence of the crime, etc., are comprehensively taken into account, the sentencing of the lower court does not seem to have exceeded the reasonable scope of discretion.

The defendant's assertion of unfair sentencing is without merit.

4. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is without merit. It is so decided as per Disposition.

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