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(영문) 부산지방법원 2021.02.17 2020노4247
사기
Text

Defendant

B All appeals against the Defendants by the Prosecutor and the Prosecutor are dismissed.

Reasons

1. The court below rejected the application for compensation filed by the applicant for compensation, and the applicant for compensation cannot file an objection against the judgment dismissing the application for compensation pursuant to Article 32(4) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings. Thus, the dismissed portion is excluded from the scope of the judgment of this court.

2. Summary of grounds for appeal;

A. The lower court’s sentence (Defendant A: Exemption of punishment, Defendant B’s imprisonment with labor for one year) is too unhued and unreasonable.

B. Defendant B’s sentence is too unreasonable.

3. The lower court determined the Defendants’ punishment by taking into account the favorable and unfavorable circumstances to the Defendants, as seen above.

In full view of all the circumstances that are conditions for sentencing in this Court, the judgment of the court below exceeded the reasonable scope of its discretion.

There is no special change in circumstances that can evaluate or change the sentence of the court below.

In addition, the sentencing of the lower court is too heavy or is so unfased so far as it exceeds the reasonable scope of discretion by comprehensively taking account of the factors revealed in the proceedings of the instant case, such as the Defendants’ age, environment, background and consequence of the crime, and the circumstances after the crime.

It does not appear.

Defendant

There is no reason to believe that each of the defendants of B and prosecutor's improper sentencing is unfair.

4. Conclusion, Defendant B’s appeal and the Prosecutor’s appeal against the Defendants are without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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