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(영문) 수원지방법원 2020.06.11 2019노7269
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. Scope of adjudication of this court;

(a) An applicant for an exemption from the portion of rejection of an application for compensation may not 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 Lawsuit). The court of first instance rejected each application for compensation by the applicant for compensation, and with respect to this part, it became final and conclusive immediately because the applicant for compensation is not able to appeal.

Therefore, the rejection of each application for compensation order among the judgment of the court of first instance shall be excluded from the scope of the judgment of this court.

B. The first instance court, which excluded from the sentence of exemption from punishment, convicted the Defendant of the facts charged, exempted the Defendant from punishment as to the violation of the Special Act on Insurance Fraud Prevention, and sentenced the remainder of the facts charged for three and a half years to six months.

On the other hand, since only the defendant appealed from the above sentence of imprisonment on the ground of unfair sentencing, the part of the above exemption sentence in the judgment of the first instance became final and conclusive separately as it is.

Therefore, the above exemption from punishment is excluded from the scope of the judgment of this Court.

2. Determination on the grounds for appeal

(a) The sentence of the first instance judgment (three years and six months of imprisonment) against the accused in the summary of the reasons for appeal is too unreasonable.

B. 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 is not beyond the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In light of the foregoing legal doctrine, the crime is not very good, the victim’s number and the amount of damage are large, and the suspension of execution is suspended. (See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015).

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