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(영문) 서울동부지방법원 2018.07.05 2017노1799
사기
Text

The defendant's appeal is dismissed.

The judgment below

Among the compensation applicants B and D, each part of compensation order shall be revoked.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (ten months of imprisonment) is too unreasonable.

2. According to the records of this case, although the fact that the defendant paid additional money to the victim B and D on the day of the judgment of the court below is recognized, considering the sentencing reasons indicated in the records of this case and other factors of sentencing, such as the defendant's age, sex, environment, and circumstances after the crime, the court below's sentence is too unreasonable.

3. Where an appeal is filed against ex officio conviction on the part of a compensation order against the petitioner B and D among the judgment below, the compensation order shall be transferred to the appellate court (Article 33(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings) along with the defendant's case, and the court below's order for compensation may be revoked or revised even if the appellate court maintains the judgment of the court below (Article 33(1) of the Act on Special Cases Concerning the Promotion,

According to the records of this case, the court below held that B filed an application for compensation order with the court below for damages of KRW 16 million and KRW 14.5 million with D, and the defendant stated that he did not raise any objection to the above amount on September 27, 2017 at the six-time trial date of the court below held on September 27, 2017, and that the defendant paid KRW 4 million to the applicant B and KRW 1.8 million with the applicant D on November 15, 2017.

According to the above facts of recognition, it is reasonable to determine the scope of compensation for the defendant Eul as 12 million won against the applicant Eul ( = 16 million won - 4 million won), and as 12.7 million won against the applicant D ( = 14.5 million won - 18 million won) against the applicant Eul.

4. In conclusion, the Defendant’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act, and the Defendant’s appeal is dismissed under Article 364(4) of the same Act. Under Article 33(4) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, the part of the judgment of the court below for compensation against the applicant B and D shall be revoked. Articles 25(1)1 and 31 of the same Act shall be revoked

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