(영문) 부산지방법원 2020.05.14 2020노624 | 리걸엔진

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(영문) 부산지방법원 2020.05.14 2020노624

보험사기방지특별법위반등

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The defendant's appeal is dismissed.

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

Reasons

1. The summary of the grounds for appeal (one year of imprisonment with prison labor for the crimes of 2019 order3969 and the crimes of 1st order in the case of 2019 order order6420), which were sentenced by the lower court, are too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to the judgment of 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, etc.). There is no new circumstance to change the sentence of the lower court in the trial. Considering that the reasons for sentencing as stated by the lower court are the Defendant’s age, character and conduct, records of the crime, motive or circumstance of the crime, frequency of the crime, amount of damage, circumstances after the crime, etc., as a whole, given that the sentence imposed by the lower court was conducted within the reasonable scope of discretion, and is not hot.

3. Article 26(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings Concerning Compensation Application for Compensation provides that “The injured party may file an application for compensation pursuant to Article 25 with the court in which the case is pending before the closure of pleadings at the court of first instance or the court of second instance.” However, the applicant filed an application for compensation order of this case on May 7, 2020, which is after the date of the closing of pleadings at the court

Therefore, the application for the instant compensation order is unlawful and thus dismissed pursuant to Article 32(1)1 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings.

4. 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 inappropriate, it is decided as per

참조조문

-소송촉진 등에 관한 특례법 제26조 제1항

-소송촉진 등에 관한 특례법 제32조 제1항 제1호

-형사소송법 제364조 제4항

참조판례

-대법원 2015. 7. 23. 선고 2015도3260 전원합의체 판결

유사 판례

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