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(영문) 서울북부지방법원 2021.03.09 2020노1734
사기등
Text

The defendant's appeal is dismissed.

The defendant pays 10 million won to the applicant through deception.

Reasons

1. The gist of the grounds for appeal (unfair sentencing) is that the lower court’s punishment (two years and six months of imprisonment) against the Defendant is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to the first instance court’s judgment on the grounds for appeal, and where the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). After the sentence of the lower court, there is no new circumstance to consider the sentencing, and there is no substantial difference in the nature of the crime of this case, the fact that the crime of this case is considerably good, the majority of the victims and the amount of damage is high, and all the conditions of sentencing shown in the pleadings, such as the Defendant’s age, sexual behavior, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., are considered to be too unreasonable.

3. In conclusion, the defendant's appeal is dismissed pursuant to Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit, and the application for compensation filed by the applicant for compensation seeking payment of KRW 10 million through the crime of this case is well-grounded, and it is so decided as per Disposition by ordering payment of KRW 10 million to the applicant for compensation and provisional execution thereof in accordance with Articles 25 (1) and 31 (1) through (3) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings.

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