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(영문) 의정부지방법원 2020.09.25 2020노1820
사기등
Text

The judgment below

The part of the defendant's case shall be reversed.

A defendant shall be punished by imprisonment for one year.

except that this judgment.

Reasons

Summary of Grounds for Appeal

The punishment of the court below (one year and six months of imprisonment) is too unreasonable.

The defendant, in the course of performing the duties of real estate brokerage, acquired 70 million won from the victim as the deposit money by forging and exercising the power of proxy for real estate transactions in the name of a clan. The crime of this case is disadvantageous to the fact that the nature of the crime is inferior in light of the Criminal Procedure Act.

However, the fact that the defendant is recognized as committing the crime of this case, there is no record of punishment exceeding the punishment of the same kind of crime, and that there is no record of punishment exceeding the punishment of the same crime, and that the victim has paid the total amount of damages to the victim and the victim has expressed his/her intent not to punish the defendant by agreement with

In full view of the circumstances favorable to the defendant and the conditions of sentencing as shown in the records and arguments of this case, such as the age, character and conduct, environment, circumstances after the crime, etc. of the defendant, the punishment of the court below was changed in the trial, resulting in the change of the conditions of sentencing, and was unfair.

Therefore, the defendant's assertion of unfair sentencing is justified.

Where an appeal is filed against a judgment of conviction on an ex officio determination of a compensation order, the confirmation of a compensation order shall be prevented even without an objection to the compensation order, and the compensation order shall be transferred to the appellate court along with the accused case (Article 33(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings). We examine ex officio the part of the

The compensation order pursuant to the provisions of Article 25 (1) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings shall be limited to cases where the amount of damage is specified for direct property damage suffered by the victim of a criminal act and the scope of the defendant's compensation is clear, and it shall be simple and prompt.

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