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(영문) 수원지방법원 2019.02.01 2018노7381

사기

Text

The judgment below

The part of the defendant's case and the part of the compensation order against D and F shall be reversed.

Defendant .

Reasons

1. The summary of the grounds for appeal (one year and six months of imprisonment) by the lower court is too unreasonable.

2. The judgment defendant has been sentenced to punishment for the same crime, but has not been divided, and most of the crimes of this case have been committed during the period of repeated crime.

Many victims are victims and there are many damages.

On the other hand, the defendant is able to repent his mistake.

Before detention and the court below made an agreement with some victims or repaid the amount of damage, this court made an additional agreement with the victim F, and transferred the amount of damage to the victim, AT, W, M,O, and AD, and deposited the amount of damage for the victim D.

In addition, considering the circumstances and results of the instant crime, the sentence of the lower court is too unreasonable, taking into account all the various sentencing conditions shown in the records and pleadings, such as the circumstances after the instant crime was committed, age, character and conduct, family relationship, etc.

3. Since the appeal by the defendant is well-grounded, the part of the judgment of the court below regarding the defendant's case shall be reversed pursuant to Article 364 (6) of the Criminal Procedure Act and the following decision shall be

On the other hand, as seen earlier, the Defendant deposited KRW 200,000 for the applicant for compensation in this court, and paid KRW 1,50,000 exceeding the amount of damage upon agreement with F, which is the applicant for compensation, so there is no liability for damages of the Defendant, such as the purport of the application for compensation, or the scope thereof is unclear.

Therefore, pursuant to Article 32(1)2 and 3 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, the part of compensation order against D and F among the judgment below is revoked and reversed, and all of the application for compensation filed by D and F, the applicant for compensation, is dismissed.

【Criminal facts and summary of evidence admitted by the court of original judgment concerning the defendant's case and the compensation order against D and F, and summary of the evidence, fall under each of the original judgment.