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(영문) 수원지방법원 2021.03.19 2021노279
사기
Text

The defendant's appeal is dismissed.

Reasons

The lower court dismissed all the applications for compensation order filed by the petitioner B and C.

According to Article 32(4) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, the judgment dismissing the application for compensation order is not subject to appeal regardless of the legitimacy thereof. As such, the part of the judgment below dismissing the application for compensation by the applicant B and C was finalized simultaneously with the judgment of the court below.

Therefore, this part is excluded from the scope of this Court's trial.

2. Judgment on the grounds for appeal

A. The main point of the grounds for appeal is that the lower court’s punishment (two years of imprisonment) is too unreasonable.

B. Under our criminal litigation law, which takes the principle of court-oriented trials and the principle of direct determination, there exists no change in the conditions of sentencing compared to the first instance court, and where the first instance court’s sentencing 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). In this case, the lower court sentenced the above sentence to the Defendant on the grounds that the sentencing as stated in its reasoning was taken. Various circumstances (such as the Defendant’s opposite nature, family relation, such as the Defendant’s parents and branch members’ desire to live together with the disabled’s parents, family relation, the circumstance of the Defendant’s participation, degree, etc.) asserted as the mitigated sentencing factor, were already taken into account during the hearing process of the lower court, and there was no change in circumstances that are beyond the conditions of sentencing after the pronouncement of the lower court’s judgment, and in light of the Defendant’s age, Defendant’s behavior, environment, motive, and consequence of the crime, etc.

It does not appear.

3. The Defendant’s appeal is without merit and thus dismissed under Article 364(4) of the Criminal Procedure Act (Provided, That the judgment below’s 3th page 12 is written by mistake.

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