logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2019.08.30 2019노730
사기
Text

The defendant's appeal is dismissed.

An application for compensation by an applicant for compensation in the trial of the party shall be dismissed.

Reasons

1. The sentence of the court below against the defendant in the summary of the grounds for appeal is too unreasonable.

2. The fact that the defendant recognized all of the crimes and reflected the mistake, and that the defendant was the first offender is favorable to the defendant.

However, the crime of this case is not likely to be committed repeatedly against many unspecified victims by posting false comments on the Internet R website, which is not good to the quality of the crime, which is not agreed with the victims, and is likely to have an effort to recover damage, which seems to have been used as a sports soil fund, and there are disadvantageous circumstances to the defendant, such as the defendant's age, character and behavior, environment, circumstances after the crime, and whether the situation after the sentence of the court below was changed, etc., in full view of all the sentencing conditions stated in the argument of this case, such as the defendant's age, character and behavior, circumstances after the crime, and whether there was a change in the situation after the court below was sentenced

Therefore, the defendant's assertion is without merit.

3. According to the records of this case regarding the application for compensation by the applicant for compensation at the trial court, the applicant for compensation at the trial court filed an application for compensation with the amount of KRW 385,000, which was obtained on June 26, 2019 after the closing of argument at the trial court, which was decided by the court below on the ground that the above application for compensation was unlawful after the closing of argument at the trial court, and as the defendant appealed against the judgment of the court of first instance, the applicant again filed an application for compensation with the same content as the above application for compensation at the trial

Accordingly, pursuant to Article 32(4) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, an applicant cannot appeal against the judgment dismissing an application for compensation or accepting a part thereof, and cannot file the same application for compensation again. Thus, an application for compensation by an applicant for compensation at the trial is unlawful.

(See Supreme Court Decision 2016Do7968 Decided August 24, 2016). 4. Conclusion, the Defendant’s appeal is lodged.

arrow