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(영문) 수원지방법원 2019.09.27 2019노3468
사기
Text

The judgment below

The defendant's appeal as to the part of the defendant's case is dismissed.

The judgment below

Of the judgment below, the applicant for compensation.

Reasons

1. The summary of the reasons for appeal (six months of imprisonment) by the lower court is too unreasonable.

2. It is reasonable to respect the Defendant’s assertion of unfair sentencing in a case where there is no change in the conditions of sentencing compared to the lower court’s determination on the Defendant’s assertion of unfair sentencing, and the lower court’

(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). The lower court determined the sentence against the Defendant by comprehensively taking into account the favorable circumstances and unfavorable conditions for the Defendant.

Although the Defendant had been punished several times due to the same crimes under several Acts, the Defendant again committed each of the crimes of this case against many victims, and the quality of such crimes is not good.

In addition, in full view of the sentencing conditions, such as the character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc. as shown in the argument of the court below and the party hearing, there are changes in circumstances that have been additionally agreed with some victims.

Even if the lower court’s punishment is too unreasonable because it goes beyond the reasonable scope of discretion.

3. In a case where an appeal is filed against a judgment of conviction on the ex officio determination of a compensation order among the judgment below, the confirmation of a compensation order shall be prevented, and the compensation order shall be transferred to the appellate court along with the defendant's case (Article 33(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings). We examine ex officio as to the part of the compensation order on B (hereinafter referred to as "original applicant for compensation"), among the judgment below, of the judgment below (On the other hand, the court below dismissed the application for compensation of C, which is the application for compensation, and the decision of dismissal is dismissed, and the decision of dismissal shall not be transferred to the appellate court). The compensation order pursuant to Article 25(1) of the Act on Special Cases Concerning the Promotion,

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