사기
The judgment below
The part of the compensation order shall be revoked, and other parts shall be reversed.
Defendant shall be punished by imprisonment.
1. The summary of the grounds for appeal (four months of imprisonment) by the lower court is too unreasonable.
2. As the court below explained in the reasons for sentencing, even though the defendant committed the case in which he jointly with the victim, he again saw the agreement amount of the above bodily injury case to obtain 12.5 million won from the victim, and there is no record of punishment for the same kind of crime, and the quality of the crime is not good.
However, the defendant is divided into the crime, and the court deposited 11,50,000 won remaining after paying the victim a sum of 12,500,000 won prior to the money acquired by deception, etc. The judgment of larceny, etc. finalized on June 8, 2010 and the crime of this case are concurrent crimes under the latter part of Article 37 of the Criminal Act, and the punishment of this case should be imposed in consideration of equity in cases where the crime is adjudicated simultaneously pursuant to Article 39(1) of the Criminal Act.
In addition, comprehensively taking account of the following factors, such as the Defendant’s age, character and conduct, and circumstances after the crime, the lower court’s sentence is deemed to be unreasonable in light of the Defendant’s efforts to recover damage.
Therefore, the defendant's assertion of unfair sentencing is accepted.
3. The lower court rendered a compensation order to the Defendant that the Defendant would pay the remaining amount of KRW 11.5 million (the amount of KRW 12.5 million - the amount of KRW 1.5 million paid to the applicant for compensation).
However, the defendant's deposit of KRW 11,50,00 to the applicant for compensation in the trial, and the existence or scope of the defendant's liability for compensation is not clear, or it cannot be viewed as an appropriate case to issue a compensation order. Thus, the application for compensation by the applicant for compensation is rejected.
4. In conclusion, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the court below's compensation order is ordered pursuant to Article 32 (1) 3 and Article 25 (3) 3 of the Act on Special Cases Concerning the