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(영문) 부산지방법원 2020.08.28 2020노1934
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) of the lower court is too unreasonable.

2. The lower court determined the Defendant’s punishment by taking into account the favorable and unfavorable circumstances to the Defendant.

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

Defendant’s assertion of unreasonable sentencing is without merit.

(A) If an appeal is filed against a judgment of a crime, the confirmation of a compensation order shall be prevented even if there is no objection against a compensation order, and the compensation order shall be transferred to the appellate court along with the defendant's case. Thus, even if the defendant appealed only to the part of the defendant's case among the judgment of the court below and did not object to the compensation order, the part accepting the application for compensation by the applicant for compensation was not finalized and the judgment of the court below was transferred to the appellate court. However, the defendant did not assert the grounds for appeal as to the cited part of the judgment of the court below, and there is no reason to ex officio revoke or change the cited part of the judgment of the court below, and therefore, the cited part of the compensation order among the judgment of the court below cannot be found.

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