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(영문) 춘천지방법원 2017.06.29 2017노168
사기등
Text

The defendant's appeal is dismissed.

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

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (three years of imprisonment) is too unreasonable.

2. There is no change in the terms and conditions of sentencing compared with the first instance court, and where the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Based on the foregoing legal doctrine, there is no change in the sentencing conditions compared with the lower court on the grounds that new materials for sentencing have not been submitted in the trial, and in full view of the factors revealed in the arguments in the instant case, the lower court’s sentencing was too too excessive and exceeded the reasonable scope of discretion.

It does not appear.

3. According to Article 32(4) of the Act on Special Cases Concerning the Promotion, etc. of Lawsuits as to Application for Compensation Order, an applicant cannot appeal against the judgment dismissing an application for compensation or partially accepting the application, and cannot file the same application for compensation again. Since the applicant for compensation at the trial court applied for compensation order at the trial below but rejected the application for compensation order, the applicant for compensation at the trial court applied for the same time again and applied for the same compensation again, and thus, the application for compensation order at the

4. As such, the Defendant’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act on the grounds that it is without merit, and the application for compensation order filed by the applicant for compensation is inappropriate, and thus, it is so decided as per Disposition by the court below by dismissing it pursuant to Article 32(1)1 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings (Provided, That under Article 25(1) of the Rules on Criminal Procedure, the “Resident Registration Act” in the application of the statutes of the court below ex officio pursuant to Article 25(1) is corrected as “former Resident Registration Act (amended by Act No. 14286, Dec. 2, 2016).”

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