(영문) 청주지방법원 2021.01.22 2020노1110 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 청주지방법원 2021.01.22 2020노1110

사기

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

The judgment below

cancellation of an order for compensation among them, and

Reasons

1. The sentence imposed by the lower court (two years of imprisonment and compensation order) on the summary of the grounds of appeal is too unreasonable.

2. The Defendant, even though he was in the period of a repeated crime of 130 million won, acquired or embezzled money exceeding 130 million won, and used it as gambling funds, etc.

However, in full view of the following circumstances: (a) the Defendant agreed with the victim for the first time in the trial; (b) reflects the favorable circumstances, such as the Defendant’s age, sexual conduct, environment, motive, means and consequence of the crime; and (c) other circumstances, such as the circumstances after the crime, etc., the sentence of the lower court is deemed to be unfair and unfair.

3. The compensation order pursuant to the provisions of Article 25(1) of the Act on Special Cases Concerning Promotion, etc. of Ex officio Judgment of the court below as to the application for compensation is a system that intends to seek the recovery of damage suffered by the victim simply when the amount of damage suffered by the victim was specified in the criminal act of the defendant and the scope of the defendant's liability for compensation is evident. Under the provisions of Article 25(3)3 of the same Act, where the existence or scope of the defendant's liability for compensation is unclear, the compensation order shall not be issued, and in such a case, the application for compensation order shall be dismissed pursuant to Article 32(1) of the same Act (see Supreme Court Decision 2012Do7144, Aug. 20, 2012). The part of the court below's order for compensation cannot be maintained.

4. As the appeal by the defendant is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the judgment below is ruled again after pleading as follows. The part of the judgment of the court below regarding the compensation order against the applicant for compensation

참조판례

-대법원 2012. 8. 30. 선고 2012도7144 판결

유사 판례

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-부산지방법원 2016.02.04 2015노4136

-수원지방법원 2017.11.24 2017노3109