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(영문) 서울남부지방법원 2019.09.26 2019노1167

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The court below rejected the application for compensation by the applicant for compensation, and since the application for compensation cannot be filed 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, the above application for compensation became final and conclusive immediately, the part of the court below's rejection of the above application for compensation in the judgment below is excluded from the scope of the

On the other hand, the court below rendered a not guilty verdict on part of the fraud of the victim B among the facts charged in the instant case, as long as it found the defendant guilty of the remaining part of the fraud of the victim B.

As to this, only the defendant appealed against the guilty part of the judgment of the court below, and the prosecutor did not appeal against the acquittal part of the reasons.

In such a case, the part of innocence in the reason is also judged in the trial together with the guilty part in accordance with the principle of non-guilty appeal, but the part of innocence in the reason is already separated from the object of attack and defense between the parties, and thus, the above part of innocence in the reason is to comply with the conclusion of the judgment of the court below, and it

2. The summary of the grounds for appeal (e.g., imprisonment and one year and eight months) imposed by the lower court is too unreasonable.

3. The Defendant appears to have led to a confession of the facts charged and to repent of his mistake.

However, in light of the applicable law and contents, etc., the crime of this case is not good, and the defendant has already been punished two times for the same kind of crime, and the damage recovery has not been made even after considerable time has passed since the crime was committed, there are various circumstances, including the defendant's age, character and behavior, motive and circumstance of the crime, and circumstances after the crime, etc., which are conditions for sentencing as shown in the records and arguments of this case.