사기
The judgment below
The part concerning the accused case shall be reversed.
A defendant shall be punished by imprisonment for six months.
The judgment below
(2).
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for 10 months) that the court below sentenced to the defendant is too unreasonable.
2. Determination
A. We examine the judgment on the grounds of appeal. The court below's punishment is somewhat unreasonable in light of the following factors: (a) the defendant shows the attitude of recognizing and opposing the crime of this case; (b) the victim B and C have recovered in whole or in part during the trial; and (c) the victims expressed their intent not to be punished against the defendant; and (d) other factors of sentencing as indicated in the argument of this case, including the defendant's age, character and conduct, environment, and circumstances after the crime.
Therefore, the defendant's assertion of unfair sentencing is justified.
B. When the defendant, ex officio, files an appeal against the conviction against the judgment of conviction against B, the compensation order is transferred to the appellate court along with the defendant's case pursuant to Article 33 (1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, even if the defendant does not object to the compensation order, and thus, the part of the compensation order
According to the records, the court below accepted the application for compensation order B by the applicant for compensation and ordered the above applicant for compensation to pay the amount of 10 million won by defraudation, but it can be recognized that the defendant paid 10 million won to the above applicant for compensation when the defendant was in a trial and submitted to this court a written agreement to the effect that "the defendant does not want the defendant's punishment because he received damages from the defendant and agreed smoothly."
Therefore, it is not reasonable to issue an order for compensation because the scope of the defendant's liability for compensation against the above victim is not clear (see Supreme Court Decision 2011Do4194, Jun. 10, 201). Of the judgment below, the part of the order for compensation against B, an applicant for compensation, among the judgment below, cannot be maintained as it is.