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(영문) 서울북부지방법원 2020.12.15 2020노1565
사기
Text

The prosecutor's appeal is dismissed.

Reasons

An applicant for the scope of adjudication in this Court shall not file an appeal against a judgment dismissing an application for compensation order (Article 32(4) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings), and the application for compensation order shall be finalized immediately.

The court below dismissed the application for compensation filed by B, and confirmed simultaneously with the declaration that the above applicant for compensation was not dissatisfied with this part, and thus, the dismissal of the above application for compensation among the judgment below shall be excluded from the scope of the adjudication of this court.

2. The summary of the grounds for appeal (e.g., imprisonment with prison labor for two years and six months, suspension of execution for three years and forfeiture) of the lower court against the Defendant is deemed to be too uneasible and unfair.

3. 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). Inasmuch as the lower court’s sentence was rendered, there is no new circumstance to consider sentencing, the Defendant paid part of the amount to the victims for the recovery of damage, the Defendant appears to have been unaware of the domestic situation, and the Defendant’s punishment seems to have become final and conclusive, and the Defendant’s punishment seems to be presumed to be explosive overseas, taking into account all the sentencing conditions indicated in the pleadings, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., even if considering the gravity of the crime of this case, it cannot be said that the sentence imposed by the lower court is too unfeasible, and thus

4. In conclusion, the prosecutor'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.

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