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(영문) 대법원 2016.01.14 2015도17320
사기
Text

The judgment below

The appeal on the defendant's case is dismissed.

The judgment below

Of the compensation orders, the parts of the compensation order are reversed, and therefore.

Reasons

1. Examining the reasoning of the lower judgment regarding the part of the case by Defendant in light of the evidence duly admitted by the lower court, the lower court was justifiable to have determined that the instant facts charged was guilty on the grounds indicated in its reasoning, and there was no error by failing to exhaust all necessary deliberations, as alleged in the grounds of appeal, exceeding the bounds of the principle of free evaluation of evidence, contrary to logical

In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years is imposed, an appeal is permitted for the wrongful grounds for sentencing. Thus, the argument that the amount of punishment is unfair is not a legitimate ground for appeal in this case where a more minor sentence is imposed against the defendant.

2. An order for compensation pursuant to Article 25(1) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings Concerning the part of the order for compensation is a system that directly and promptly orders the defendant to compensate for physical damage, medical expenses, and consolation money that occurred from the criminal act of the defendant case, thereby promoting the recovery of damage to the victim. According to Article 25(3)3 of the Act on Special Cases Concerning Special Cases Concerning the Compensation of the defendant, the order for compensation shall not be issued if the existence or scope of the liability of compensation of the defendant is unclear, and if so, the application for compensation order shall be dismissed in accordance with Article 32(1) of the Act on Special Cases

According to the records, the first instance judgment as to the application for compensation order maintained by the lower court ordered the Defendant to pay the amount of KRW 19 million by deceit to the Defendant, but the applicant for compensation submitted a written agreement to the effect that “the Defendant received full compensation of KRW 19 million from the Defendant,” and a written application to the effect that “the Defendant wishes to receive full compensation of KRW 19 million by agreement,” respectively.

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