(영문) 부산지방법원 2018.11.30 2018노3466 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산지방법원 2018.11.30 2018노3466

사기

Text

All appeals by the defendant and the prosecutor are dismissed.

The court below's order for compensation against the applicant E shall be revoked.

Reasons

1. Summary of grounds for appeal;

A. Each sentence sentenced by the lower court (an offense in Section 37 of the List of Offenses in Attached Form 37 as indicated in the holding: a fine of 300,000 won, and the remainder of the crimes in the holding: 10,000 won: Imprisonment for a period of ten months) is too unreasonable.

B. Each of the above types sentenced by the court below by the prosecutor is too unhued and unfair.

2. Determination

A. The lower court rendered a sentence on the grounds of appeal by the Defendant and the Prosecutor, taking into account the favorable and unfavorable circumstances of the Defendant, and having determined the sentence as above.

The defendant repaid the damage to the victim K (the amount of damage 2.60,00 won), theO (the amount of damage 2.70,00 won), Q (the amount of damage 1.80,00 won), the R (the amount of damage 1.80,00 won), and T (the amount of damage 90,000 won), W (the amount of damage 73,000 won), X (the amount of damage 3.77,00 won), and X (the amount of damage 5.3 million won), the victim E (the amount of damage), the CO (the amount of damage 90,000 won), the J (the amount of damage 1.90,00 won), the defendant agreed to reimburse the damage to the victim, and agreed to do so, the defendant's age, sex, environment, motive, means and consequence of the crime, and other circumstances after the crime, and it seems that the court below's unfair sentencing or sentencing is too unreasonable.

Therefore, each argument by the defendant and the prosecutor is without merit.

B. Where an appeal is filed against a conviction on a judgment on a compensation order against the applicant E, the confirmation of the compensation order shall be interrupted, and the order for compensation may be transferred to the appellate court (Article 33(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings) along with the Defendant case, and the order for compensation may be revoked or revised even when the original judgment is maintained in the appellate court (Article 33(4) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings). The record reveals the fact that the applicant E received and agreed to receive the full amount of KRW 530,00 from the Defendant when the applicant E was in the first instance trial, and thus, the compensation order shall be issued as the existence

유사 판례

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