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(영문) 서울남부지방법원 2017.06.02 2017노90
사기등
Text

The defendant's appeal is dismissed.

The judgment below

Among the compensation, the compensation order part against the applicant G shall be revoked.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) sentenced by the court below (two years and two months of imprisonment) is too unreasonable.

2. Determination

A. Article 32(1)3 of the Act on Special Cases Concerning the Promotion, etc. of Ex officio Proceedings for Determination as to the part of an order for compensation ought to be dismissed by ruling where it is deemed unreasonable to issue an order for compensation.

Article 25 (3) 3 of the same Act provides that "where the existence or scope of the defendant's liability for compensation is not clear, the order for compensation shall not be issued.

"........"

According to the records, the fact that the defendant made an agreement on April 24, 2017 with the applicant G on the full payment of the amount of damage.

According to the above facts of recognition, the defendant's liability to compensate G is not clear whether or not the defendant's compensation applicant G is liable or not, so this part of the compensation order by the court below is an incidental law.

B. Considering the fact that the defendant agreed to pay the amount of damage to the victim G in the trial at the trial, there is no significant change in the circumstances that the court below made on the grounds of sentencing, including not yet paying the amount of damage to the principal victim H, etc. after the court below (the amount of damage to the victim G 1.5 million won is considerably less than the amount of damage to the victim H, etc.). In full view of the circumstances that the court below made on the grounds of sentencing, including the fact that the defendant escaped for the purpose of escaping from criminal punishment, and all of the sentencing conditions in the records and arguments of this case including the same crime committed during the escape, the sentence imposed by the court below is deemed appropriate and unfair. Thus, the defendant'

3. Accordingly, the Defendant’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is without merit. Of the judgment below, the order for compensation for the applicant G among the compensation applicants is subject to the grounds for revocation as seen above.

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