(영문) 의정부지방법원 2021.01.22 2020노2502

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 의정부지방법원 2021.01.22 2020노2502

사기

Text

The judgment below

The part of the case of the defendant is reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

except that this judgment.

Reasons

1. Scope of the judgment of this court;

A. In a case where an appeal against a judgment of conviction is filed, the confirmation of a compensation order is interrupted even without an objection to the compensation order, and the compensation order is transferred to the appellate court along with the Defendant case (Article 33(1) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings). In addition, an applicant cannot file an appeal against the judgment dismissing an application for compensation or admitting a part thereof (Article 32(4) of the same Act).

(c)

Meanwhile, although the defendant filed an appeal against the judgment below regarding the applicant C of the compensation order, the part of the court below's acceptance of the compensation order against the applicant C shall be deemed to have also been appealed. However, there is no indication of the grounds for appeal regarding the cited portion of the compensation order in the petition of appeal and the reason for appeal submitted by the defendant and his defense counsel, and even if ex officio examination is conducted, the grounds for cancelling or changing the cited portion of the compensation order

2. Summary of grounds for appeal;

A. The sentence of the lower court (six months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

3. Determination of the unfair argument of sentencing (a pair of grounds) is that the Defendant sold goods to many victims.

It is true that deceptions deception and defrauds the amount equivalent to the price, and that it repeats the same kind of crime against many victims of the same kind even though there has been the history of punishment for the same kind of fraud.

However, it is necessary for the defendant to make a confession of and reflect on his crime, and to recover the victims' damage.

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