logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2021.03.18 2020노1187
사기
Text

The part of the judgment of the court of first instance except for compensation order and the judgment of the court of second instance shall be reversed, respectively.

Defendant

A. Imprisonment.

Reasons

1. Each sentence (Defendant A: Imprisonment with prison labor of the first instance court; imprisonment with prison labor of the second instance court; imprisonment with prison labor of the first instance court; imprisonment with prison labor of the second instance; imprisonment with prison labor of the second instance court; imprisonment with prison labor of the second instance; imprisonment with prison labor of the second instance; and one month with prison labor of the second instance court); is too unreasonable.

2. Before making ex officio decisions on the Defendants’ respective arguments regarding sentencing, the Defendants filed an appeal against the judgment of the first and second court on the grounds that the Defendants filed an appeal against each of the above appeals, and this court decided to jointly deliberate on each of the above appeals cases.

Therefore, each crime of the judgment of the court below is one of the concurrent crimes under the former part of Article 37 of the Criminal Act, and should be punished as a single sentence within the scope of the term of punishment aggravated for concurrent crimes pursuant to Article 38(1) of the Criminal Act. In this regard, the part of the judgment of the court below excluding compensation order among the judgment of the court below 1 and the judgment of the court below

3. According to the evidence duly examined by the first instance court and the first instance court as to the application for compensation order, the defendants applied for compensation order of KRW 274,500 from the applicant for compensation as stated in the facts constituting the crime in the first instance court, TPP applied for compensation order of KRW 367,50,00 from the applicant for compensation, but the part in excess of the above recognized amount is not recognized as lack of supporting evidence.

It is recognized that the payment has not been made by the date of the decision of the court of the first instance after taking part in B.

Therefore, the defendants are obligated to pay 274,500 won to the applicant AP for compensation.

4. Accordingly, the part of the judgment of the court below excluding the compensation order among the judgment of the court of first instance and the judgment of the court of second instance excluding the compensation order excluding the above order , and the judgment of the court below excluding the compensation order among the judgment of the court of first instance excluding the compensation order pursuant to Article 364 (2) of the Criminal Procedure Act excluding the judgment of the court of first instance excluding the above order

Article 25 (1), Article 31 (1), and Article 31 (1), of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, for some reasons.

arrow