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(영문) 서울서부지방법원 2019.09.19 2019노93
사기
Text

The judgment below

The remainder of the compensation order and the rejection of an application for compensation order shall be reversed.

Reasons

1. As to the dismissal of an application for compensation order and compensation order by the lower court

A. First, the lower court rejected the application for each compensation order except the F’s application for compensation order and the amount of award for the R, M, and L, the applicant for compensation, respectively.

Since an applicant for compensation is unable to 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, the case of application for compensation in this part becomes final and conclusive immediately, and the rejection of the above application for compensation is excluded from the scope

B. In addition, the court below received, in whole or in part (R, M, and L), the application for compensation order against the defendant under N, P, J, K, K, R, M, M, H, H, G, L, I, Q, D, and E, and the compensation order is transferred to the appellate court (Article 33(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings). However, according to the records of this case, the defendant did not submit the grounds for appeal, and even if ex officio, there is no reason to revoke or revise the above part of the court below's order.

Therefore, the judgment of the court below on the above compensation order shall be maintained as it is.

2. Determination on the prosecutor’s appeal

A. The decision of the court below on the gist of the grounds for appeal (six months of imprisonment) is too unhued and unfair.

B. The fact that the Defendant paid an amount equivalent to approximately one-third of the amount of damage, and the recognition of the instant crime is favorable to the Defendant.

However, this case is a case where the defendant acquired money from many victims in a planned manner on the Internet, repeatedly, and the crime is very poor, the two times of punishment for the same kind of crime, and the court below sentenced the defendant to the punishment and provided the defendant with an opportunity to agree and recover from damage, but the defendant was given an opportunity to repay the money on the date of the first instance trial.

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