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(영문) 서울동부지방법원 2018.12.21 2018노1238
사기
Text

The judgment below

The defendant's appeal against the defendant's case is dismissed.

The judgment below

Of the judgment of the court below, the applicant C.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) sentenced by the lower court is too unreasonable. (4 months of imprisonment and compensation order)

2. Determination

A. In full view of the reasoning of the instant argument regarding the Defendant’s unfair argument of sentencing and the reasons for sentencing indicated in the record, the lower court’s sentencing on the Defendant appears to have been appropriately determined by fully taking into account all the circumstances, including the various reasons for sentencing asserted by the Defendant. In light of the circumstances after each of the instant crimes, the Defendant’s economic situation, and the fact that there was no additional repayment made by the Defendant to the victims in the course of the agreement, it is difficult to view the circumstance that an agreement was reached between the Defendant and the victims to pay the amount of damages in installments.

B. In the judgment of the court below regarding the part of the compensation order against C applicant for compensation of the court below, when the defendant appealed against the conviction, the compensation order is transferred to the appellate court pursuant to Article 33 (1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, even if there is no objection to the compensation order, so it is acknowledged that the part of the compensation order among the judgment of the court below was decided ex officio as to the part of the judgment of the court below, and in accordance with the records of this case, an agreement was reached between the defendant and the applicant C to divide the amount of damage and pay the amount of damage. Thus, it is not reasonable to issue the compensation order in the criminal procedure. Thus, the part of

3. In conclusion, the defendant's appeal against the defendant's case among the judgment below is without merit. Thus, the defendant's appeal against the defendant's case is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act.

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