(영문) 대전지방법원 2020.04.01 2019노3601 | 리걸엔진

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Reasons

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(영문) 대전지방법원 2020.04.01 2019노3601

사기

Text

The judgment of the court below (including the part of the compensation order) shall be reversed.

A defendant shall be punished by imprisonment for a term of one year and eight months.

except that this judgment.

Reasons

1. The summary of the grounds for appeal (two years and six months of imprisonment) by the lower court is too unreasonable.

2. We examine the judgment on the grounds of appeal, and considering that the defendant repeatedly committed each of the crimes of this case in order to prepare the remainder of cyber gambling, as shown in the court below's reasoning that the defendant committed the crimes of this case, which were committed by many victims, and the total amount of damage was exceeded by 20 million won, there is a need for punishment corresponding to the defendant's liability.

However, in light of other factors such as the Defendant’s age, character and conduct, environment, and circumstances after committing the crime, the Defendant committed all the instant crimes with no criminal power, and reflects the mistake in depth, and under difficult circumstances, the lower court’s punishment against the Defendant is too unreasonable, as it is too unreasonable, considering the following factors: (a) the Defendant’s family members want to take care of all the sentencing factors indicated in the instant records and arguments, such as the Defendant’s age, character and conduct, environment, and circumstances after committing the crime.

3. As long as the defendant filed an appeal against a judgment of ex officio as to the order for compensation by the court below, the part of the court below's order for compensation in accordance with Article 33 (1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings is prevented from confirming the part of the court below's order for compensation and transferred to the appellate court, the defendant paid the amount of each application to C, D, E, and F among the applicant for compensation in the court below's trial. Furthermore, since the court below remitted the amount of 450,000 won to B who is the applicant for compensation at the court below, it constitutes a case in which

참조조문

-소송촉진 등에 관한 특례법 제33조 제1항

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