(영문) 광주지방법원 2020.05.28 2020노628 | 리걸엔진

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 광주지방법원 2020.05.28 2020노628

사기등

Text

The defendant's appeal is dismissed.

The defendant shall pay 230,000 won to CG which is the applicant for compensation.

(q) the remainder;

Reasons

1. The decision of the court below on the gist of the grounds for appeal (one year and six months of imprisonment) is too unreasonable;

2. The crime of fraud of this case, which is judged on the grounds of appeal, is a crime committed against many and unspecified persons, the nature of the crime is bad, the damage reimbursement is not most possible, the defendant committed the crime of this case to raise gambling funds, and seems to have caused the proceeds of the crime of this case, and the defendant committed the crime of this case during the suspension period of execution of imprisonment with prison labor, and the defendant committed the crime of this case during the suspension period of execution. The defendant was detained as the same crime, and was detained as the crime of this case, and was still under detention, and committed the crime of this case without franchising, etc., which is disadvantageous to the defendant.

On the other hand, the principle of equity with the case of judgment should be considered at the same time as the judgment becomes final and conclusive, and the fact that the defendant has reached an agreement with some victims is favorable to the defendant.

(2) The Defendant’s assertion is not acceptable, since the Defendant’s punishment is too unreasonable, in full view of all the sentencing conditions as shown in the arguments, including the Defendant’s age, character and conduct, family environment, motive and circumstance of the crime, and circumstances after the crime.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the conclusion is groundless.

Since the application for compensation order of CG, which is the applicant for compensation, is well-grounded, it is necessary to order the defendant to pay 230,000 won to the above applicant for compensation pursuant to Article 25 (1) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, and provisional execution of the above compensation order pursuant to Article 3

AB, AJ, and AV, an applicant for compensation, filed an application for a compensation order at the original court, and received a dismissal judgment, and again filed the same application for compensation, EK, CD, and DY at the trial of the first instance.

참조조문

-소송촉진 등에 관한 특례법 제25조 제1항

-형사소송법 제364조 제4항

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