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(영문) 부산지방법원 2019.10.18 2019노1875
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The court below rejected the application for compensation by the applicant for compensation, and the applicant for compensation cannot file an objection against the judgment dismissing the application for compensation pursuant to Article 32(4) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings. Thus, the dismissed portion is excluded from the scope of the adjudication by this court.

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

3. The lower court determined the Defendant’s punishment by taking into account the favorable and unfavorable circumstances to the Defendant.

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 is no special change in circumstances that may change the original court’s punishment.

In addition, even if the sentencing grounds revealed in the proceedings of the instant case, such as the Defendant’s age, environment, background and consequence of the crime, etc., are comprehensively taken into account, the sentencing of the lower court does not seem to have exceeded the reasonable scope of discretion.

The defendant's assertion of unfair sentencing is without merit.

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

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