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(영문) 인천지방법원 2020.11.27 2020노2697

사기등

Text

The part of the judgment of the court of first instance excluding the case of application for compensation order and the judgment of the court of second instance shall be reversed.

Reasons

Summary of Grounds for Appeal

Each sentence (Defendant A: Imprisonment with prison labor of 1 year and 2 months, Defendant B: Imprisonment with prison labor of 1 year and 2 months) declared by the court below against the Defendants is too unreasonable.

2. Each appeal case against the judgment of the court below against the defendant B was joined in the judgment of the court below as to the defendant B at the ex officio judgment of the court below. Each of the above offenses against the defendant is a concurrent offense relationship under the former part of Article 37 of the Criminal Act, and one punishment should be imposed pursuant to Article 38 (1) 2 of the Criminal Act.

Therefore, the part of the judgment of the court of first instance against Defendant B and the judgment of the court of second instance are no longer maintained.

3. The Defendant’s crime of determining unfair sentencing by Defendant A is an unfavorable circumstance to the Defendant in light of the background, frequency, method, and amount of damage, etc. of each of the crimes.

However, the circumstances favorable to the defendant include: (a) the defendant appears to have the attitude to recognize and reflect all of the crimes of this case; and (b) the victims do not want to be punished against the defendant when they reached an agreement with some victims; and (c) the defendant has no record of punishment exceeding the fine.

In addition, in full view of the defendant's age, character and conduct, environment, motive and background of the crime, means and consequence of the crime, various sentencing conditions as shown in the argument of this case, such as the circumstances after the crime, etc., the sentence imposed by the court below against the above defendant is too unreasonable. Thus, the defendant's assertion is justified.

4. When the defendant, ex officio, files an appeal against conviction regarding the part of the court below's order for compensation against the defendant A, the order for compensation is transferred to the appellate court pursuant to Article 33 (1) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, even if the defendant does not object to the order for compensation, and thus, the part of the court below's order for compensation against