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(영문) 서울중앙지방법원 2020.10.27 2018노2870
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The court below rejected the application for compensation by the applicant for compensation, and the applicant for compensation cannot file an objection against the judgment dismissing the application for compensation order (Article 32(4) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings), and this part was immediately finalized.

Therefore, the rejection of an application for compensation order among the judgment below is excluded from the scope of the trial of this court.

2. The sentence imposed by the court below on the defendant (one year of imprisonment) is too unreasonable.

3. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Based on the foregoing legal doctrine, there is no change in the sentencing conditions compared to the lower court’s failure to submit new sentencing data at the trial, and the circumstances alleged by the Defendant on the ground of unfair sentencing are deemed to have already been reflected in the grounds for sentencing by the lower court. In full view of the following: (a) the Defendant’s age, character and conduct, environment, motive and background of the offense, means and consequence of the offense; and (b) other various circumstances that form the conditions for sentencing as indicated in the instant records and arguments, including the circumstances after the offense, etc., the lower court’s sentencing is not deemed unfair because it excessively deviates from the reasonable scope of discretion.

Therefore, the defendant's assertion of unfair sentencing is without merit.

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

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