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(영문) 부산지방법원 2020.04.03 2019노3945
사기등
Text

All appeals filed by the defendant and prosecutor are dismissed.

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

The judgment of the court below is delivered.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year and eight months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too uneasible and unreasonable.

2. Determination

A. The lower court determined the Defendant’s punishment on the assertion of unfair sentencing, taking into account the favorable and unfavorable circumstances of the Defendant, as seen above.

In full view of all the circumstances that are conditions for sentencing in this Court, the judgment of the court below was judged to have exceeded the reasonable scope of its discretion, or there are no special changes in circumstances that may change the sentence of the court below.

(A) On April 1, 2020, the Defendant submitted a written agreement that he/she agreed with the FA to repay KRW 2.2 million to the victim and agreed with the FA, but the above amount that was damaged compared to the amount acquired by the Defendant through the instant crime is not yet considered in sentencing. In addition, considering the factors revealed in the instant pleadings, such as the Defendant’s age, environment, background and consequence of the crime, the circumstances after the crime, etc., it does not seem that the lower court’s sentencing was too heavy or unhued and exceeded the reasonable scope of discretion.

The defendant and prosecutor's assertion of unreasonable sentencing is without merit.

B. The instant application for compensation, based on the determination on the application for compensation, is not reasonable since the scope of the Defendant’s liability for compensation is not clear. Therefore, the instant application for compensation should not be accepted.

3. The appeal filed by the Defendant and the prosecutor is without merit, and all of them are dismissed under Article 364(4) of the Criminal Procedure Act, and the application for remedy order filed by the applicant for compensation shall be dismissed under Article 32(1) of the Act on Special Cases Concerning

In addition, pursuant to Article 25 (1) of the Regulation on Criminal Procedure, "No. 1 through No. 27" in the disposition of the court below shall be corrected to "No. 1 through No. 17".

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