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(영문) 창원지방법원 2014.05.01 2014노587
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, for one year from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the reasons for appeal (six months of imprisonment) by the lower court is too unreasonable.

2. Determination

A. The fact that the total amount of damage to the instant criminal act does not amount to KRW 20 million is disadvantageous to the Defendant.

However, in full view of the following circumstances: (a) the Defendant led to the confession of the crime in the trial of the party; (b) the Defendant agreed with the victim; and (c) the Defendant did not have any record of punishment for the same kind of crime; and (d) the Defendant’s age, character and conduct, environment, motive and background of the crime; (b) the means and method of the crime; and (c) the circumstances after the crime, etc., the lower court’s punishment is somewhat

Therefore, the defendant's argument is justified.

B. The court below held that the order for compensation was issued by the defendant to pay KRW 20 million to the applicant for compensation, but according to the records, since the defendant agreed with the applicant for compensation and paid some of the money in the trial, it is not reasonable to issue an order for compensation in the criminal procedure because the scope of liability for compensation is not clear.

3. As the appeal by the defendant is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the case is again decided as follows. The application for compensation order by the applicant for compensation is not reasonable in the criminal procedure because the scope of liability for compensation is not clear, and it is so decided as per Disposition by the court below.

[C] Criminal facts and the summary of the evidence admitted by the court, and the summary of the evidence, are added to “1.1 Defendant’s trial testimony” among the summary of the evidence, and “each police interrogation protocol against Defendant” is deleted.

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