(영문) 수원지방법원 2017.02.17 2017노109 | 리걸엔진

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 2017.02.17 2017노109

사기

Text

The judgment of the court below (including the part of compensation order and provisional execution) shall be reversed.

A defendant shall be punished by imprisonment for not less than eight months.

except that this shall not apply.

Reasons

1. When an appeal against the judgment of conviction of the scope of the judgment of this court is filed, the confirmation of the compensation order shall be prevented, and the compensation order shall be transferred to the appellate court along with the case of the defendant. Thus, even though the defendant appealed only to the part of the case of the defendant among the judgment of the court below and did not object to the compensation order, the part of the court below's award of the compensation order against the applicant for compensation which the judgment of the court below did not become final

2. The summary of the grounds for appeal is too unreasonable because of the sentence imposed by the court below (eight months of imprisonment).

3. It is recognized that the amount of damage caused by the instant crime was more than 7,000 won, and that the Defendant did not completely recover the damage to the actual victim B corporation until the trial is held.

However, in light of the fact that the defendant recognized the crime of this case and violated it, the defendant paid 40 million won to the actual victim B, and that the corporation B did not want to punish the defendant under the agreement with the corporation B, and that the defendant did not have any specific criminal history except 1 million won due to the crime of violating the Road Traffic Act (dacting driving) around 2008, the court below's punishment is too unreasonable.

4. We examine the judgment on the part of the compensation order among the judgment below. The court below ordered the applicant to pay the amount of KRW 71,349,300 to the Defendant, but according to the records, the Defendant paid KRW 40,000 to the applicant for compensation, and the Defendant promised to pay the remainder of KRW 31,349,300 until May 31, 2017 to the applicant for compensation. Thus, the part of the compensation order among the judgment of the court below cannot be maintained.

5. Thus, the defendant's appeal is justified.

유사 판례

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-수원지방법원 2016.08.05 2016노3882

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