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(영문) 의정부지방법원 2021.01.22 2020노2506
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The court below rejected the application for compensation order filed by the applicant for compensation.

Pursuant to Article 32 (4) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, an applicant for compensation cannot appeal a judgment dismissing an application for compensation, which became final and conclusive immediately.

Therefore, the rejection of an application for compensation order among the judgment of the court below is excluded from the scope of this court.

2. The summary of the grounds for appeal (unfair sentencing) that the court below sentenced to the defendant (two years of imprisonment) is too unreasonable.

3. It is desirable to refrain from rendering a sentence that does not vary from the judgment of the first instance court when there is no change in the conditions of sentencing compared with the judgment of the first instance court, and the sentencing of the first instance does not deviate from the reasonable scope of discretion. Although the sentence of the first instance falls within the reasonable scope of discretion, it is reasonable to refrain from rendering a sentence that does not differ from the judgment of the first instance court solely on the ground that the opinion of the appellate court differs from the opinion of the appellate court (Supreme Court Decision 2015Do3260 Decided July 23, 2015). It is recognized that the Defendant is against the recognition of each of the instant crimes, and that part of the damage to the victimJ was recovered.

However, each of the crimes of this case was committed by the defendant at a entertainment point in view of the circumstances, methods, and contents of the crime, etc., such as the fact that the quality of the crime was poor in light of the circumstances, methods, and contents of the crime; the defendant repeated the crime of fraud of the same veterinary method in a short period; the defendant had the record of criminal punishment several times due to the previous crime; in particular, the defendant committed each of the crimes of this case without being aware of himself during the period of repeated crime of the same kind; most damages still have not been recovered; there is no change in special circumstances that could change the punishment of the court below after the sentence of the court below; and there is no change in the defendant's age, sex, environment, the circumstances of each of the crimes of this case, and circumstances after the crime.

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