(영문) 대구지방법원 2021.02.03 2020노4065 | 리걸엔진

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(영문) 대구지방법원 2021.02.03 2020노4065

사기

Text

The judgment below

The remainder, other than the rejection of the application for compensation, shall be reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. The lower court rejected all applications for compensation filed by the petitioner B, C, D, E, G, H, I, K, L, M, N,O, P, Q, and R in the lower judgment.

Since applicants for compensation cannot file an objection against the judgment dismissing an application for compensation pursuant to Article 32(4) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, the part dismissing the above application for compensation in the judgment below shall be excluded from the scope of the trial of this court.

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. The crime of this case is deemed to have taken place against the victims about 60 million won under the so-called "V fraud" method, and it is necessary to strictly punish the Defendant in light of the content of the crime, such as the period, frequency, etc.

B. The defendant repeatedly committed the crime of this case during the same repeated period, and the victim BM wishes to be punished by the defendant in the judgment of the party.

However, at the court below, the defendant agreed with 50 victims (the total amount of damages KRW 54.2 million) from among 60 victims, or recovered all or part of the damages, and agreed with 10 victims (the total amount of damages KRW 2.2 million) or recovered all or part of the damages.

In addition to the fact that the father of the defendant's father is leading and protecting the defendant, in full consideration of the sentencing conditions, such as the defendant's age, occupation, living environment, health condition (e.g., disorder), motive of the crime, and circumstances after the crime, the punishment sentenced by the court below is unreasonable.

4. When a defendant who made a judgment on the part of the compensation order in the judgment below files an appeal against a conviction, the compensation order shall be transferred to the appellate court along with the defendant case pursuant to Article 33(1) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, even if he does not

The court below ex officio examined the part cited by the applicant F and J's application for compensation, and records.

유사 판례

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