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(영문) 수원지방법원 2020.12.09 2020노4885
사기
Text

All appeals filed by the defendant and prosecutor are dismissed.

The court of the first instance of C, an applicant for compensation, shall be dismissed.

Reasons

1. The lower court rejected the application for compensation filed by C, an application for compensation, which is an application for compensation at the lower court.

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. Therefore, the part of the judgment of the court below rejecting the application for compensation by C, an applicant for compensation, was finalized at

Therefore, this part is not subject to the ruling of the party.

2. Of the judgment of the court below regarding each order for compensation among the parts of the judgment of the court below, there is no statement in the petition of appeal, statement of grounds of appeal, and the grounds of appeal submitted by the defense counsel concerning each order for compensation among the parts of the judgment below, and even if ex officio examination is conducted, the grounds for cancelling

3. Determination on the grounds for appeal

A. A. The summary of the grounds for appeal 1) Defendant 1’s imprisonment (one year of imprisonment) is too unreasonable and inappropriate. 2) Defendant 2’s imprisonment is too uneasible and unfair.

B. In a case where there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, the appellate court is reasonable to respect the sentencing of the first instance court.

(Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In the instant case, there is no particular change in sentencing conditions compared to the lower court. In full view of the following: (a) the Defendant’s age and happiness environment; (b) relationship with victims; (c) details and details of each of the instant crimes; and (d) the circumstances after each of the instant crimes, etc., the lower court’s punishment is too heavy or unreasonable.

4. According to Article 32(4) of the Act on Special Cases Concerning the Promotion, etc. of Litigation by C, an applicant for compensation, an identical application for compensation cannot be filed against the judgment dismissing the application for compensation, regardless of whether it is appropriate. The court below is the applicant for compensation.

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