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(영문) 서울북부지방법원 2020.10.15 2020노1225
사기등
Text

The judgment below

The remainder, other than the dismissed part of the application for compensation, shall be reversed.

The defendant shall be punished by imprisonment for two years.

Reasons

1. The lower court rejected the application for compensation filed by B, an applicant for compensation.

According to Article 32(4) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, an applicant for compensation cannot file an objection against a judgment dismissing an application for compensation. Thus, the part rejecting the said application for compensation becomes immediately and conclusive and is excluded from the scope of adjudication of this court

2. The summary of the grounds for appeal that the court below sentenced the defendant (two years and six months of imprisonment, and confiscation) is too unreasonable.

3. The lower court: (a) took into account the fact that the Defendant’s participation in the instant Bosing crime was significant in light of the method of taking part in the instant Bosing crime, the degree of participation, etc.; (b) the victims’ damage was not recovered properly; and (c) sentenced the said punishment by taking account of the sentencing conditions under Article 51 of the Criminal

In the trial of the party, the defendant shows the wrong recognition of and reflects against the defendant, and the victim I paid 7 million won to the victim B, 5 million won to the victim M, and 13 million won to each victim and agreed with the victims. The victims want to be the defendant.

In addition to the sentencing conditions added by the court below to the circumstances that the court below considered as the basis of sentencing, the sentence of the court below is deemed to be too unreasonable.

4. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.

【Grounds for the Judgment of the court below which has been written] Criminal facts and summary of evidence recognized by this court are criminal facts and summary of evidence. In addition to the change of “1. The Defendant’s partial statement” in the judgment of the court below to “the Defendant’s statement in this court”, it is identical to each corresponding column of the judgment of the court below. Thus, it is accepted in accordance with Article 369 of the

Application of Statutes

1. Each relevant Article of the Act concerning criminal facts;

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