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(영문) 서울중앙지방법원 2021.01.14 2020노2712
사기
Text

The judgment below

(other than the part of the compensation order for C, E, and F) shall be reversed.

A defendant shall be punished by imprisonment for a term of two years and two months.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (two years and six months of imprisonment) is too unreasonable.

2. The Defendant had the record of having been punished several times for the same crime, and the Defendant committed each of the instant crimes without being aware of the fact that he/she committed each of the instant crimes even during the period of repeated crimes of the same kind, the number of the crimes is high, the victim is a majority, and most of the victims have not recovered from most of the damages even though the sum of the damages exceeds 25 million won.

However, there are favorable circumstances, such as the fact that the defendant's mistake is against himself, the defendant repaid some victims' damages at the court below's judgment (the defendant paid damages to the victim K, AU, AM, and AL of the 6044 High Order 6019 High Order 6719 High Order) and the fact that the victim Eul, D, G, H (the applicant for compensation in the court below) and victim DA, CM, BT, DF (the applicant for compensation in the court below) and victim DA, CM, BT, and DF (the applicant for compensation in the court below), and other factors of sentencing as shown in the records and arguments of this case, such as the defendant's age, sexual behavior, environment, motive, background, means, and consequence of the crime, the circumstances after the crime, etc., it is recognized that the sentencing of the court below is unfair due to its absence.

Therefore, the defendant's argument of sentencing is justified.

3. Determination on the part of the compensation order

A. 1) The lower court partially accepted the application for the compensation order filed by the applicant C for the compensation order in the lower court (260,000 won among the application for the compensation order in KRW 100,000), and fully accepted the application filed by the applicants for the remainder compensation order in the lower court. The Defendant filed an appeal against the lower judgment, and is deemed to have appealed as to the part of the compensation order pursuant to Article 33(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings by filing

2) As to the compensation order portion against the applicant C, E, and F of the lower judgment, the health department, the Defendant, and his defense counsel did not state the grounds for appeal on this part of the petition of appeal and the reasons for appeal submitted, and ex officio.

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