(영문) 서울북부지방법원 2020.04.21 2020노125

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울북부지방법원 2020.04.21 2020노125

사기등

Text

The defendant's appeal is dismissed.

Reasons

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

2. In a case where there is no change in the conditions of sentencing compared with the judgment of the first instance court on the grounds of appeal, and the sentencing of the first instance court 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). In full view of all the sentencing conditions of the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime, etc., including the following: (a) there is no new circumstance to consider sentencing after the sentence of the lower judgment; (b) the nature of the crime, such as the applicable method of the crime of this case, the content of deception, etc., is not good; (c) the Defendant has been punished several times for the same crime; (d) the Defendant repeatedly committed the crime of this case during the period of repeated offense due to the same kind of crime; and (e) repeated crimes such as fraud of the combined case during the trial by fraud, the sentence imposed by the lower court is too unreasonable.

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

[In the event an appeal against a judgment of conviction is filed, the compensation order shall be transferred to the appellate court along with the accused case (Article 33(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings), but the grounds for appeal regarding the part of the compensation order among the judgment below are not indicated in the petition of appeal or the statement of grounds of appeal submitted by the accused, and even if ex officio examination is conducted, the part of the judgment of the court below concerning

참조조문

-소송촉진 등에 관한 특례법 제33조 제1항

-형사소송법 제364조 제4항

참조판례

-대법원 2015. 7. 23. 선고 2015도3260 전원합의체 판결

유사 판례

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