(영문) 대전지방법원 2020.12.02 2020노3303 | 리걸엔진

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크기(pt)

굵기

줄 간격

자간(%)

(영문) 대전지방법원 2020.12.02 2020노3303

사기미수등

Text

The judgment below

The remainder of conviction except the dismissed part of the application for compensation shall be reversed.

Defendant shall be punished by imprisonment.

Reasons

1. The court below rejected the application for compensation by the applicant for compensation, and pursuant to Article 32(4) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, the court below rejected the application for compensation, and thus, the part dismissing the application for compensation was immediately finalized.

Therefore, the dismissal part of the judgment of the court below is excluded from the scope of adjudication of this court.

2. Summary of grounds for appeal;

A. The sentence of the lower court (one year of imprisonment) is too unreasonable.

B. The lower court’s above sentence is too unhued and unreasonable.

3. In light of the following factors: (a) the degree of the Defendant’s participation in the crime, and the method of the commission of the crime, taking into account the need for severe punishment on the scaming crime; (b) the Defendant has no specific penal power except for fines once a minor fine; (c) the Defendant has committed the instant crime against himself/herself through confinement life in prison for a period of eight months; and (d) the victims have not been punished for the Defendant by mutual agreement with the victims; and (e) other factors of sentencing as indicated in the argument of the instant case, including the Defendant’s age, occupation, occupation, personality and conduct, family relation, motive, means and consequence of the instant crime; and (e) the punishment imposed by the lower court is less exceptionally taking into account all the factors of sentencing as indicated in the argument of the instant case, such as the circumstances after the crime.

It is recognized that it is too unreasonable rather than that.

4. In conclusion, since the defendant's appeal is well-grounded, the part of the judgment below's conviction except the dismissal of the application for compensation among the judgment below pursuant to Article 364 (6) of the Criminal Procedure Act shall be reversed, and the following judgment shall be rendered again after pleading, but the prosecutor's appeal shall not be dismissed separately unless

[Separate Judgment] The facts constituting an offense and summary of evidence recognized by the court and the summary of evidence are different from the judgment of the court below.

참조조문

-소송촉진 등에 관한 특례법 제32조 제4항

-형사소송법 제364조 제6항

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