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(영문) 수원지방법원 2020.06.18 2020노1484
사기
Text

The defendant's appeal is dismissed.

Reasons

1. No applicant for the scope of adjudication of this court shall file an objection 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). The court of first instance rejected the application for compensation by the applicant for compensation, and with respect to this part, it became final and conclusive immediately because the applicant for compensation is not

Therefore, the rejection of the application for compensation among the judgment of the court of first instance is excluded from the scope of this court.

2. Determination on the grounds for appeal

(a) The sentence of the first instance judgment (ten months of imprisonment) against the accused in the summary of the reasons for appeal is too unreasonable.

B. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court is not beyond the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In light of the foregoing legal doctrine, the following are the circumstances favorable to the Defendant: (a) the Defendant recognized a crime in the first instance, and expressed his/her intent to reflect; and (b) agreed with the victim I.

However, each fraud in the ruling is not appropriate in light of the means of deception or the amount of damage, but is not agreed with the victim C.

In addition, the defendant got ahead of the sentencing date of the first instance court and runs away for a long time.

As such, the circumstances unfavorable to the defendant are remarkable.

In addition, considering the following circumstances, the sentencing of the first instance court is deemed unfair because the Defendant’s age, character and conduct, environment, motive and background of the crime, means and consequence of the crime, etc., as well as the circumstances after the crime committed, the sentencing of the first instance court is too unreasonable because it goes beyond the reasonable scope of discretion.

3. The appeal by the defendant is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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