(영문) 수원지방법원 2020.10.26 2020노4089 | 리걸엔진

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자간(%)

(영문) 수원지방법원 2020.10.26 2020노4089

공문서위조등

Text

The judgment below

The part of the defendant's case shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

except that this judgment.

Reasons

1. The summary of the grounds for appeal is unfair because of the fact that the defendant recognized all crimes in the trial and agreed with the victims, etc. (two years of imprisonment and confiscation) of the judgment of the court below is too unreasonable.

2. In full view of the following circumstances: (a) the Defendant was found to have committed a crime in the first instance; and (b) the victims (B and N) paid KRW 15 million to the victims and agreed not to be punished; (c) the victims did not have any record of punishment for the same kind of crime; and (d) the Defendant’s character, conduct and environment; (b) the background and result of the instant crime; and (c) the circumstances after the commission of the crime; and (d) the sentencing conditions specified in the records and arguments, the sentence imposed by the lower court is unreasonable

Therefore, the defendant's assertion of unfair sentencing is justified.

3. When the defendant, ex officio, files an appeal against a conviction against a request for compensation order, the compensation order is transferred to the appellate court along with the defendant's case pursuant to Article 33 (1) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, even if the defendant does not object to the compensation order, so the part of the compensation order against the applicant

It is judged that the defendant paid part of the amount acquired by the victim to the applicant for compensation, which is the victim, and the existence or scope of the liability for compensation is not clear by agreement.

Therefore, among the judgment below, the compensation order part against the applicant for compensation cannot be maintained as it is.

4. Since the appeal by the defendant is well-grounded, the part concerning the accused case among the judgment of the court below is reversed, and the part concerning the compensation order against the applicant for compensation among the judgment of the court below is revoked pursuant to Article 33 (4) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings,

[Discied reasoning of the judgment] Criminal facts and summary of evidence recognized by the court, and summary of evidence.

참조조문

-소송촉진 등에 관한 특례법 제33조 제1항

-소송촉진 등에 관한 특례법 제33조 제4항

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