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(영문) 수원지방법원 2020.11.12 2020노4683
사기
Text

1. The remainder of the judgment of the first instance, excluding the rejection of an application for compensation order, shall be reversed;

2. The defendant shall be punished.

Reasons

1. No applicant for the scope of adjudication of this court shall file an objection against a judgment dismissing an application for compensation order;

(Article 32(4) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings). The court of first instance rejected each application for compensation order filed by O, P, Q and R among the applications for compensation order, and with respect to this part, the compensation applicant was immediately finalized because he/she is not able to appeal.

Therefore, the rejection of an application for compensation order among the judgment of the court of first instance shall be excluded from the scope of this court.

2. Determination on the grounds for appeal

A. The punishment (one year of imprisonment and compensation order) of the first instance judgment against the accused against the summary of the grounds for appeal is too unreasonable.

(b) In the light of the motive or means of the crime committed on the market, each crime committed on the market is not good, and the amount of the defrauded damage is not so big;

This is disadvantageous to the defendant.

However, due to the efforts of the defendant's parents, most of the victims suffered from the judgment of the court of first instance seems to have been recovered. The main circumstances favorable to the defendant, such as the fact that the defendant recognized the entire crime and expressed deep reflective intent, and the criminal records exceeding the fine or the same criminal records, should also be sufficiently considered.

In addition, the sentence of the court of the first instance is too unreasonable in light of the following circumstances, taking into account the Defendant’s age, character and conduct, the environment, the motive and background of the offense, the means and consequence of the offense, and the circumstances after the offense.

3. When a defendant who made an ex officio judgment on the part of a compensation order in the judgment of the court of first instance files an appeal against a 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 the defendant does not object to the compensation order, and the part of each compensation order in the judgment of

According to the records, the records are examined.

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