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(영문) 서울남부지방법원 2021.01.14 2020노2392
사기
Text

The prosecutor's appeal is dismissed.

Reasons

In a case where an appeal against a judgment of conviction in the scope of adjudication by this court is filed, the confirmation of a compensation order shall be prevented even without an objection to the compensation order, and the compensation order shall be transferred to the appellate court along with the defendant case (Article 33(1) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings). In addition, an applicant cannot file an appeal against the judgment dismissing an application for compensation or accepting part of the application for compensation (Article 32(4) of the same Act). The court below partially accepted an application for compensation order by the applicant B. Since the part not cited in the court below was immediately finalized, it is excluded from the scope of adjudication by this court, and this is excluded from the scope of adjudication by this court, and on the other hand, the defendant did not assert any grounds for appeal against the applicant for compensation order by the court below, and even if ex officio examination is conducted, the part of

2. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (three years of imprisonment with prison labor) is too uncomfortable.

3. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court 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). The lower court, under the circumstances that the Defendant, for a considerable period, adopted a sentence by taking into account the following favorable circumstances: (a) the Defendant appears to have an attitude to recognize and reflect the Defendant’s crime as a substitute for the crime, and that the Defendant entered Korea in 2011 and did not have any specific criminal history until the instant crime was committed.

There is no particular sentencing data to change the sentence of the court below in the trial, and the defendant's age, sex, environment, motive, means and result are followed.

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