(영문) 의정부지방법원 2020.03.27 2019노3280

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 의정부지방법원 2020.03.27 2019노3280

컴퓨터등사용사기등

Text

The judgment below

The part of the defendant's case shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

except that this judgment.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. Determination of the grounds for appeal is a large amount of money equivalent to KRW 160,000,000, and the Defendant committed the instant crime using the victim B’s trust, etc.

However, it is advantageous to the fact that the Defendant recognized the instant crime and reflects his mistake, that is the first offender who has no criminal power, and that the victim B and the victim B expressed their intent not to punish the Defendant as a result of the agreement with the victim B and the victim B.

Comprehensively taking account of such circumstances as well as the Defendant’s age, character and conduct, environment, circumstances after the commission of the crime, and various conditions of sentencing as indicated in the instant records and arguments, the lower court’s punishment was somewhat unreasonable as it changed the sentencing conditions in the trial.

Therefore, the defendant's assertion of unfair sentencing is justified.

B. Where an appeal is filed against a judgment of conviction regarding an ex officio determination of a compensation order, the determination of a compensation order shall be prevented even without an objection to the compensation order, and the compensation order shall be transferred to the appellate court along with the accused case (Article 33(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings). We examine ex officio the part of the

The compensation order pursuant to Article 25 (1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings is a system that intends to provide a simple and prompt recovery of damage to a victim by ordering compensation only when the amount of damage is specified for direct property damage suffered by a victim of a criminal act of a defendant and the scope of the defendant's liability is clear. In accordance with Article 25 (3) 3 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, the existence or scope of the

참조조문

-소송촉진 등에 관한 특례법 제25조 제1항

-소송촉진 등에 관한 특례법 제33조 제1항

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