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(영문) 서울북부지방법원 2020.07.21 2020노798
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) of the lower court against the Defendant is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared with the judgment of the first instance court on the grounds of appeal, 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). In full view of the following: (a) there is no new circumstance to consider sentencing after the pronouncement of the lower judgment; (b) the nature of the crime of this case is considerably not good; and (c) the circumstances alleged by the Defendant in the trial at the trial are deemed to have been sufficiently considered in determining the punishment at the lower court; and (d) other factors of sentencing as indicated in pleadings, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., the sentence imposed by the lower court is too unreasonable.

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

[In the event an appeal against a judgment of conviction is filed, the compensation order shall be transferred to the appellate court along with the accused case (Article 33(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings), but the grounds for appeal regarding the part of the compensation order among the judgment below are not indicated in the petition of appeal or the statement of grounds of appeal submitted by the accused, and even if ex officio examination is conducted, the part of the judgment of the court below concerning

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