beta
(영문) 의정부지방법원 2020.12.22 2020노2576

사기

Text

The defendant's appeal is dismissed.

Reasons

The court below rejected the application for compensation filed by B, and accepted the application for compensation filed by C, the applicant for compensation.

An applicant for compensation cannot file an objection against the judgment dismissing an application for compensation (Article 32(4) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings), and the part dismissing the application for compensation among the judgment below shall be excluded from the scope of adjudication of this court

In addition, in cases where an appeal against a conviction is filed, the confirmation of a compensation order is interrupted even without an objection to the compensation order, and the compensation order is transferred to the appellate court along with the accused case (Article 33(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings), but the accused did not assert any grounds for appeal against this part, and even if examined ex officio, the grounds for revocation or alteration cannot be found. Therefore, the part which cited the compensation order among the judgment of the court below should be maintained

Summary of Grounds for Appeal

The punishment of the court below (nine months of imprisonment) is too unreasonable.

Judgment

The fact that the defendant is recognized and against the crime of this case, the fact that 1.22,00 won was paid to the victim B (the trial record No. 114, 136 of the trial record), and that there was no record of punishment exceeding the fine, etc. are favorable circumstances.

However, despite the fact that the defendant had been punished for the same crime, he/she committed another crime against the victims who are employees of the workplace, and committed the crime of this case. The total amount of damage to the crime of this case reaches KRW 52,70,000,000, and the victims' damage has not been recovered from the date of the crime of this case to the time of the trial for which six years have passed since the date of the crime

Considering the circumstances favorable to the defendant and the unfavorable circumstances, comprehensively taking into account the following factors: the defendant’s age, character and conduct, environment, circumstances surrounding the crime, and circumstances after the crime, the sentence of the court below is too unreasonable.