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(영문) 창원지방법원 2020.08.13 2019노2050
사기
Text

The judgment below

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

The defendant shall be sentenced to six months of imprisonment.

Reasons

1. The lower court rejected all applications for compensation order filed by C, E, F, H, I, and J, an applicant for compensation by the lower court.

Where an application for a compensation order is rejected, the applicant is immediately dismissed and the decision to dismiss the application is immediately finalized, and the same compensation order cannot be filed again without being transferred to the appellate court (see Article 32(4) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings). The part which dismissed the application for a compensation order at the original court is excluded from the object of adjudication at this court (see, e.g., Supreme Court Decision 2016Do20745, May 30, 2017). 2. The penalty (six months of imprisonment) declared by the lower court in summary of the grounds for

3. Determination

A. The number of victims and the number of crimes on the assertion of unfair sentencing are the majority.

The defendant has been punished for the same crime even in around 2011.

There was no letter or agreement from the victims.

However, the defendant's mistake is divided and reflected.

There is room for consideration in the process of crime as a living-type crime.

In the court below, the defendant paid 2,806,00 won to 22 victims, and the defendant paid 2,760,000 won to 11 victims in addition, and paid 2,760,000 won to 11 victims in full.

In addition, in full view of the circumstances leading up to the instant crime, the circumstances after the instant crime, the Defendant’s age, character and conduct, and the environment, the lower court’s punishment against the Defendant is unreasonable.

The defendant's assertion of unfair sentencing is justified.

B. When the defendant, ex officio, files an appeal against conviction as to the part of the compensation order for G, B, and D, the part of the compensation order 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, shall be transferred to the appellate court along with

The judgment below

Among them, according to the health team and the record, as to the compensation order for G, B, and D, the defendant is at the trial court.

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