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(영문) 전주지방법원 2020.08.25 2020노461
사기등
Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for a year and six months and by a fine of 2,00,000 won.

The above fine shall be imposed on the defendant.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor and fines of two thousands0,000) imposed by the court below is too unreasonable.

2. Determination

A. Determination as to the grounds for appeal by the Defendant on the grounds of appeal by the crime of this case was made to 75 persons, and the total amount of damage is about 8.22,20,00 won; juvenile protective disposition was received several times due to the same type of crime; and repeated crimes for the purpose of preparing gambling funds even after release from the juvenile reformatory is disadvantageous.

However, in light of the various circumstances, such as the Defendant’s age, character and behavior, status, environment, the background and consequence of the instant crime, the circumstances after the commission of the crime, etc., the sentence imposed by the lower court against the Defendant is unreasonable, in light of the following: (a) the Defendant, who violated his/her mistake during the eight-month detention period, is going to live a new life as an adult with twenty (20) times; (b) the Defendant agreed with many victims or remitted the amount of consolation money and made considerable efforts to recover from damage; and (c) there was no record of criminal punishment other than the juvenile protective disposition; and (d) the Defendant’s age, character

B. In a case where the defendant, ex officio, filed an appeal against a conviction against an applicant for compensation, the order for compensation 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 order for compensation, so the part of the order for compensation among the judgment below shall

According to the records of this case, it is not reasonable to issue an order for compensation to the applicant for compensation because the defendant agreed with the applicant for compensation in the court of first instance, and it is recognized that the applicant for compensation did not want the punishment of the defendant, or remitted the damaged amount and part of consolation money to the account in the name of the victims.

Therefore, the part of the judgment of the court below regarding compensation order.

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