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(영문) 대구지방법원 2020.12.24 2020노3381
사기방조
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The lower court rejected the application for compensation order B by the applicant for compensation, and accepted the application for compensation order C, D, and E, the inheritor.

In accordance with Article 32(4) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, the case of application for compensation order filed by B, who is an applicant for compensation, was immediately finalized.

Therefore, among the judgment below, the rejection of the above order for compensation is excluded from the scope of the trial of the party.

In addition, pursuant to Article 33(1) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, where an appeal against a conviction is filed, the order for compensation shall be transferred to the appellate court along with the defendant's case. As such, the cited part of the application for the above order for compensation shall be deemed to have been appealed. However, although the petition of appeal and the statement of grounds for appeal submitted by the defendant contain no indication of the grounds for appeal regarding the cited part of the above order for compensation among the judgment below,

Therefore, among the judgment below, the cited part of the above compensation order application is maintained as it is.

2. Summary of grounds for appeal (e.g., punishment and unfair);

A. The punishment sentenced by the lower court to the Defendant (two years of imprisonment) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.

3. Under the Korean Criminal Procedure Act, which takes the trial-oriented principle and the principle of directness, there is no change in the conditions of sentencing compared to the first instance court, and where the first instance court’s sentencing 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). Based on the foregoing legal doctrine, the Defendant and the prosecutor’s assertion of unreasonable sentencing together with the allegation of unfair sentencing by the Defendant and the prosecutor, the instant crime is planned and organized by taking many and unspecified persons as the subject of the crime.

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