2017No168 Fraud and Violation of the Resident Registration Act

2017 initially 38 Application for a compensation order

A person shall be appointed.

Defendant

Kim Jin-Jin, Jin-Jin, Lee Jin-Jin (prosecutions) and Jin-Jin-Jin (Trial)

Attorney B (Korean National Assembly)

A person shall be appointed.

Chuncheon District Court Decision 2016Kadan699, 1247 decided February 2, 2017 ( Byung)

Joints), 2017 Highest 13 (Joints), and 2017 Highest 12

June 29, 2017

The defendant's appeal is dismissed.

An application for compensation by an applicant for compensation shall be dismissed.

1. Summary of grounds for appeal (unfair sentencing)

The sentence of the court below (three years of imprisonment) is too unreasonable.

2. Determination

If 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 above legal principles, there is no change in the sentencing conditions compared with the original court because new sentencing data has not been submitted in the trial, and considering the sentencing grounds revealed in the proceedings of the present case, the lower court’s sentencing is too inappropriate, and it does not seem to have exceeded the reasonable scope of discretion.

3. Determination on applications for compensation order

According to Article 32(4) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, an applicant cannot file an objection against the judgment dismissing an application for compensation or partially accepting the application, and cannot file the same application for compensation once again. Since an applicant for compensation at the trial court applied for an order for compensation at the trial court but applied for the same compensation again, the applicant for compensation at the time of dismissal, the application for compensation order at the time

4. Conclusion

Therefore, the defendant's appeal is dismissed pursuant to Article 364 (4) of the Criminal Procedure Act, and since the application for compensation order by the applicant for compensation is illegal, it shall be dismissed pursuant to Article 32 (1) 1 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings. It is so decided as per Disposition. [Provided, That pursuant to Article 25 (1) of the Rules on Criminal Procedure, the court below's ex officio pursuant to Article 25 (1) of the Rules on Civil Procedure, the "Resident Registration Act" is corrected as the "former Resident Registration Act (amended by Act No. 14286, Dec. 2, 201

The presiding judge's staticness of judge

Judges Kim Gin-han

For the purpose of judges;