(영문) 서울남부지방법원 2020.08.25 2019노1436

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(영문) 서울남부지방법원 2020.08.25 2019노1436

사기등

Text

The judgment below

Part of the compensation order, except the compensation order, shall be reversed.

A defendant shall be punished by imprisonment for one year.

Seized No. 1.

Reasons

1. Where an appeal against a judgment of conviction in the scope of adjudication of this Court is filed, the confirmation 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 Lawsuit). The lower court accepted each application for a compensation order filed by B and C, and the prosecutor filed an appeal against the lower judgment, thereby filing an appeal against the part of the compensation order pursuant to Article 33(1) of the Act on

However, in the petition of appeal and the statement of grounds of appeal submitted by the prosecutor, there is no provision in the grounds of appeal regarding the part of the judgment below concerning the compensation order, and even if ex officio examination is conducted, the part concerning the compensation order among the judgment below cannot be revoked or amended.

2. Summary of grounds for appeal (in original case: One year of imprisonment and two years of suspended execution);

3. The judgment of the defendant recognized the crime of this case, while the first offender is favorable to the defendant, the crime of this case is inferior to the quality of the crime due to the Bosing that is systematically and systematically conducted against many and unspecified persons, and the role of cash collection measures by the defendant is essential to complete the crime of Bosing, and the degree of participation is not easy. Even if the defendant was sufficiently aware of the relevance to the crime of Bosing, he committed the crime of this case, and even if he was sufficiently aware of the fact that he did not know the specific relevance to the crime of Bosing, he committed the crime of this case, and even if he was unable to recover the damage, the sentence imposed by the court below is inappropriate.

4. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act and it is decided as follows.

[Judgment which has been written]

참조조문

-소송촉진 등에 관한 특례법 제33조 제1항

-형사소송법 제364조 제6항

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