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(영문) 대구지방법원 2021.03.31 2020노4269
사기
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The lower court rejected an application for compensation, and 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 above application for compensation was immediately finalized.

Therefore, the part of the judgment of the court below which rejected the application for compensation is excluded from the scope of adjudication of this court.

2. Summary of reasons for appeal;

A. The punishment sentenced by the lower court (6 months in the calendar calendar) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

3. Determination

A. The lower court rendered the above sentence by taking account of the circumstances unfavorable to the victim’s wishing to impose a severe punishment, but considering the favorable circumstances that the Defendant had no record of punishment, respectively.

B. Considering the background of the instant crime, the amount of damage, the Defendant’s previous conviction, the Defendant’s failure to reach an agreement with the victim, and other factors, the lower court’s judgment exceeded the reasonable bounds of discretion, even in full view of the Defendant’s age, sexual conduct, environment, and all the circumstances of sentencing as shown in the pleading and pleading.

There is no circumstance in which the assessment or maintenance is deemed unfair (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Therefore, as asserted by the Defendant and the Prosecutor, it is not determined that the lower court’s sentencing is too heavy or unreasonable because it is too heavy or it is deemed unfair.

4. In conclusion, since all appeals filed by the defendant and the prosecutor are without merit, they are all dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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