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(영문) 대전지방법원 2013.09.12 2013노1283
사기
Text

The judgment below

The part of the compensation order against B among the compensation applicants shall be reversed except for the compensation order against B.

Defendant shall be punished by imprisonment.

Reasons

1. The sentence of the court below (six months of imprisonment) is too unreasonable.

2. Although it is recognized that no agreement has been reached with the victims until the date of determination that the damage has not been recovered, the above argument by the defendant is reasonable, in full view of all the sentencing conditions, including the confession and reflection of each of the crimes in this case, the total amount of the damage amount, the primary offender, the age, character and conduct, environment and circumstances of the defendant, etc.

3. In conclusion, since the defendant's appeal is well-grounded, the part of the judgment below excluding the compensation order against B among the compensation order pursuant to Article 364 (6) of the Criminal Procedure Act is reversed and it is again decided as follows after the pleading.

(The original court also issued a compensation order to C, who is the applicant for compensation, but the said applicant has withdrawn the application for compensation order on May 23, 2013, which was prior to the pronouncement of the lower judgment, and thus, this part of the compensation order is unlawful). The criminal facts against the Defendant recognized by the court in charge of criminal facts and the summary of evidence are the same as the entries in each corresponding column of the lower judgment. Therefore, it is acceptable in accordance with Article 369 of the Criminal Procedure Act

Application of Statutes

1. Relevant Article 347(1) of the Criminal Act (including Nos. 2, 3, and 4 in the table of crime at the time of sale) and the choice of imprisonment with prison labor for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (i.e., confession and reflective nature);

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc. of Social Service Orders;

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