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(영문) 인천지방법원 2020.10.22 2020노2293
사기
Text

The judgment below

The part concerning the accused case shall be reversed.

Defendants shall be punished by imprisonment for six months.

except that this shall not apply.

Reasons

The summary of the grounds for appeal (unfair punishment) that the court below sentenced against the Defendants (6 months of imprisonment) is too unreasonable.

2. In light of the background of the instant crime, the amount of damage, the circumstances after the instant crime, etc., the Defendants’ liability is not minor.

However, the Defendants led to the confession of the instant crime and reflect their mistake.

In the trial, the defendants partly pay the amount of damage to the victim and the victim does not want the punishment of the defendants.

Defendant

A has no criminal record exceeding a fine, and Defendant B has no criminal record.

In addition, considering the Defendants’ age, character and conduct, environment, family relationship, and circumstances after the crime, the lower court’s punishment is somewhat inappropriate, and thus, the Defendants’ assertion is reasonable.

3. In a case where the Defendants, ex officio, filed an appeal against a conviction, the compensation order is transferred to the appellate court along with the Defendant’s case 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 compensation order, and thus, the part of the

The defendants paid part of the money to recover the damage of the compensation applicant who is the victim in the trial of the court below, and it is judged that the existence or scope of compensation liability is not clear.

Therefore, among the judgment below, the compensation order part against the applicant for compensation cannot be maintained as it is.

4. In conclusion, the Defendants’ appeal is with merit. Accordingly, the part concerning the accused case among the judgment below under Article 364(6) of the Criminal Procedure Act is reversed, and the part concerning the compensation order for the applicant for compensation among the judgment below is reversed under Article 33(4) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, and it is again cancelled under

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