logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2020.11.27 2019노3162
사기
Text

The judgment of the court below is reversed.

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

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The main point of the grounds for appeal is that the lower court’s imprisonment (eight months of imprisonment and the compensation order) is too unreasonable;

2. In light of the frequency of the crime, methods, number of victims, etc., the crime is not good, and the fact that the defendant committed each of the crimes of this case without being aware of the criminal records having been punished for the same kind of crime is disadvantageous to the defendant.

However, in full view of the fact that the total amount of damage is not significant, favorable circumstances such as the fact that the defendant agreed with some of the victims (Y, B, and C) in the trial, and other various circumstances, including the defendant's age, character and conduct, environment, family relationship, motive, means and consequence of the crime, etc., the sentence of the court below is unreasonable.

3. An order for compensation pursuant to Article 25 (1) of the Act on Special Cases concerning Promotion, etc. of Ex officio Judgment on Application for Compensation by the original instance is a system that intends to seek the recovery of damage suffered by a victim simply and promptly by issuing an order for compensation to the accused only when the amount of damage suffered by a victim is specified in the criminal act of the accused and the scope of the defendant's liability for compensation is obvious. According to Article 25 (3) 3 of the same Act, where the existence or scope of the defendant's liability for compensation is unclear, an order for compensation shall not be issued, and in such a case, an application for compensation shall

(See Supreme Court Decision 2012Do7144 Decided August 20, 2012). An agreement, etc. was submitted between the applicant for compensation and the defendant at the trial of the court below. As such, the existence or scope of the defendant's liability is unclear, the part of the compensation order among the judgment below cannot be maintained.

4. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following is re-written.

arrow