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(영문) 인천지방법원 2020.01.10 2019노3468
사기등
Text

The defendant's appeal is dismissed.

The defendant pays 30,000,000 won to the applicant for compensation by deceit.

3.2

Reasons

1. The summary of the grounds for appeal (two years and six months of imprisonment) by the lower court is too unreasonable.

2. The Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, has the unique area of the first instance court as to the determination of sentencing. As such, in a case where there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion,

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Considering the circumstances favorable to the Defendant, such as the following: (a) the Defendant’s mistake is against himself/herself; and (b) the Defendant’s primary offender who has no criminal record; (c) the Defendant’s participation in the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. Since the application for compensation order by the applicant for compensation is well-grounded, the defendant is ordered to pay 30,000,000 won to the applicant for compensation pursuant to Articles 25 (1) and 31 (1) and (2) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, and provisional execution is declared in accordance with

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