(영문) 인천지방법원 2020.05.15 2020노703 | 리걸엔진

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 인천지방법원 2020.05.15 2020노703

사기

Text

The judgment below

The remainder of the compensation order (including the rejection part) shall be reversed.

Defendant .

Reasons

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. As to the grounds of appeal, there are many penalties against the Defendant for larceny or fraud, the Defendant committed each of the instant crimes during the period of repeated crime, and the damages to some victims have not yet been recovered, etc. are disadvantageous to the Defendant.

However, in light of the fact that the defendant shows the attitude of recognizing and opposing the crime of this case, the defendant's attitude of paying the victim N, P, K, and T in the court below, the defendant paid damages to the victim's N, P, K, L, E, and R, and the defendant promised to pay damages to the victim's victim's wife or to make payment in installments in the future, and the above victims want the defendant's wife's wife, and the defendant should support his mother's mother's mother's child, the defendant's age, character and behavior, environment, and circumstances after the crime, etc., the court below's punishment is somewhat inappropriate.

B. When the defendant, ex officio, files an appeal against a conviction of a conviction against C who is an applicant for compensation, 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 there is no objection to the order for compensation, and thus, the part of the order for compensation against C among the judgment below is examined ex officio

According to the records, although the court below ordered C to pay the fraudulent damage compensation amounting to KRW 700,000 to the applicant for compensation by accepting the application for compensation order filed by C, the court below acknowledged the fact that the defendant agreed with C to pay KRW 300,000 to the applicant for compensation by paying KRW 400,000 to the applicant for compensation in installments when the defendant was in a trial.

Therefore, the scope of the defendant's liability to the victim C is not clear.

참조조문

-소송촉진 등에 관한 특례법 제33조 제1항

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