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(영문) 서울중앙지방법원 2019.11.28 2019노2751
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

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

Reasons

1. The decision of the court below on the gist of the grounds for appeal (one year and two months of imprisonment) is too unreasonable;

2. Determination

A. In full view of the grounds for sentencing revealed in the proceedings of the instant case, including the Defendant’s confession of all criminal facts and the fact that the Defendant made a judgment on the Defendant’s assertion of unfair sentencing, and that he/she made an agreement on the payment of damages to the victim in the trial, and other circumstances that are conditions for sentencing specified in the records and arguments, such as the Defendant’s character, conduct and environment, the background and result of the instant crime, and the circumstances after the crime, it is deemed that the sentence of the lower court is unreasonable.

Therefore, the defendant's argument is justified.

B. In a case where an appeal against a conviction of ex officio determination of a compensation order is filed, the compensation order is 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), and the court below’s order for compensation ex officio is examined.

Since the Defendant paid the amount of damage to the applicant for compensation after the pronouncement of the lower judgment, and expressed the intention that the applicant for compensation would not want the punishment against the Defendant, it is unreasonable to issue an order for compensation as it falls under a case in which the existence or scope of the above liability for compensation is unclear.

Therefore, the court below's compensation order cannot be maintained as it is.

3. Thus, the defendant's appeal is reasonable, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows. Since the part of the court below's order of compensation cannot be issued as seen earlier, it is revoked pursuant to Article 33 (4) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, and it is so decided as per Disposition by the court below to dismiss the application for

[The reasons for the ruling of multiple times] Criminal facts and summary of evidence shall be the court.

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