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(영문) 대전지방법원 2020.09.02 2020노1923
예비군법위반등
Text

The judgment of the court below, including a compensation order, shall be reversed.

A defendant shall be punished by imprisonment for not more than ten months.

The judgment below

(2).

Reasons

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

2. In light of the following: (a) the lower court’s judgment based on the reasoning for sentencing unfavorable to the Defendant, as stated in the reasoning for sentencing, is unreasonable in view of the nature of the crime in light of the method of each of the instant fraud, and the use of the money acquired from the crime for gambling, etc., and the circumstances after the crime are committed are not good; and (b) the partial damage has not yet been recovered, it is inevitable to sentence the Defendant.

However, the Defendant did not have any history of punishment, except for minor fines, and there is no history of punishment for the Defendant committed each of the crimes of this case and reflects the Defendant’s mistake in depth at the time of committing each of the crimes of this case. In addition, considering the following factors: the Defendant’s age, occupation, character and behavior, environment, family relationship, health status, motive for committing the crime, circumstances after committing the crime, etc., the lower court’s punishment is too unreasonable, by taking into account the following factors: (a) the victim, W, P, L, V, R, Q, Q, Q, F, and M, which have not been punished against the Defendant.

3. Determination ex officio as to the application for compensation by the court below and determination as to the application for compensation by the court below

A. The compensation order pursuant to Article 25(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings is a system in which the amount of damage is specified in the direct property damage suffered by the victim of the criminal act of the defendant, and the compensation order is given to the defendant only when the scope of the defendant's compensation liability is evident.

According to Article 25 (3) 3 of the Act on Special Cases concerning the Settlement of Victims, when the existence or scope of liability of the accused is not clear, no compensation order shall be issued, and in such cases, the application for compensation order shall be dismissed pursuant to Article 32 (1) of the Act on Special Cases.

B. According to the records, the court below is the applicant for compensation.

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