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(영문) 대구지방법원 2020.09.22 2020노2323
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The original court dismissed the application for compensation filed by B, the applicant for compensation.

According to Article 32(4) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, an applicant for compensation is not entitled to appeal against a judgment dismissing the application. Since the part dismissing the application for compensation order among the judgment below has been already finalized, the application for compensation order

2. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.

3. The lower court determined the sentence by taking into account the following factors: (a) the crime of Bophishing is of poor nature, and of great harm to the victim and society; (b) the Defendant committed a crime with forged documents; (c) the circumstances unfavorable to the Defendant; (d) the Defendant’s mistake and reflect; (d) the fact that there was no history of criminal punishment exceeding the fine; and (e) the fact that there was no history of criminal punishment exceeding the fine; and (d) the profits acquired by the Defendant was not significant; and

Comprehensively taking account of the above circumstances unfavorable to or favorable to the defendant and all other factors of sentencing indicated in the argument and record of the instant case, the lower court’s punishment is not deemed to have exceeded the reasonable scope of discretion, even if taking into account the degree of the defendant’s participation in the instant crime or his family relationship, etc.

4. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the conclusion is groundless.

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