Text
The judgment below
The rejection of compensation order and the compensation order for damage against D, F, K, L, and N in the lower judgment.
Reasons
1. The lower court rejected each application for compensation order filed by the applicant C, E, G, and H for compensation in the lower judgment.
An applicant for compensation cannot file an objection against a judgment dismissing an application for compensation pursuant to Article 32(4) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, and this part shall be excluded from the scope of the adjudication of the relevant party.
2. The decision of the court below (one year and two months of imprisonment) on the gist of the grounds of appeal is too unreasonable.
3. In light of the methods and frequency of each of the crimes in this case, and the amount of fraud, etc., the crime is not less complicated, and the defendant has committed the remaining crimes while evading the attendance at a trial while being prosecuted and tried first on part of each of the crimes in this case, and the defendant has been punished twice as a crime of fraud, the defendant has no agreement with the victims, and the damage has not been recovered, etc. are disadvantageous to the defendant.
On the other hand, it is favorable for the defendant to recognize that the defendant is against all his mistake, that there is no history of punishment exceeding the fine by the defendant, that the defendant agreed to or recovered from part of the victims in the original trial, and that the defendant recovered and agreed to recover the damage to some victims in the first instance.
In full view of the above circumstances and other conditions of sentencing as indicated in the records, such as Defendant’s age, sex, environment, family relationship, motive for committing a crime, and circumstances after committing a crime, the sentence imposed by the court below is somewhat unreasonable.
Therefore, the defendant's above assertion is justified.
4. Accordingly, the defendant's appeal is with merit, and the part of the court below's rejection of compensation order among the court below's judgment pursuant to Article 364 (6) of the Criminal Procedure Act and the remainder of the court below's compensation order against D, F, K, L, and N is reversed, and the court below's appeal is reversed and it is again decided as follows.
[Judgment] Summary of facts constituting an offense and evidence.]