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(영문) 서울서부지방법원 2019.01.24 2018노1576

사기

Text

The judgment below

Part of the compensation order, except the compensation order, shall be reversed.

A defendant shall be punished by imprisonment for a term of one year and eight months.

evidence of seizure.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for a maximum of two years and two months, and a short of one year and eight months) of the lower court against the Defendant is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal by the defendant for ex officio judgment.

According to the records, the defendant was a juvenile as provided by the Juvenile Act at the time of the pronouncement of the judgment of the court below, but he became an adult in the trial.

Therefore, the judgment of the court below that sentenced the defendant to be sentenced to an illegal sentence by the Juvenile Act was no longer maintained.

3. G, which is an application for compensation order, filed an application for compensation order with the Defendant seeking payment of KRW 5,600,000 against the Defendant in the first instance.

Of the facts charged in the instant case, the part concerning the above applicant for compensation is found guilty, and the Defendant also recognized that the amount of damage of the above applicant for compensation is KRW 5,600,000, and the Defendant is obliged to pay KRW 5,600,000 to the above applicant for compensation.

4. Accordingly, the part of the judgment of the court below, except for the compensation order, is reversed under Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the part of the judgment below excluding the compensation order is reversed, and the following is decided through pleading.

Since the application for G, which is the applicant for compensation, is well-grounded, it shall be accepted pursuant to Articles 25(1)1 and 31(1) through (3) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings and a provisional execution

[Discied Judgment] The summary of facts constituting a crime and evidence recognized by this court is the same as the corresponding column of the judgment of the court below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles 347(1) and 30 of the Criminal Act and the choice of punishment for the crime, and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act.