logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2020.08.18 2020노1013
사기등
Text

The judgment below

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

A defendant shall be punished by imprisonment for not less than one year and six months.

The judgment below

(2).

Reasons

1. As to the summary of the reasons for appeal (two-year imprisonment) by the lower court, the Defendant asserts that it is too unreasonable for the Defendant to go too unreasonable, and the prosecutor asserts that it is too uneasible and unreasonable.

2. The scaming crime in which the Defendant participated is highly likely to cause severe economic and mental harm by gathering money from many unspecified people and thereby causing severe economic and mental pain to the victims.

The defendant was sentenced to probation on condition of special larceny, etc. and re-offendered during the probation period.

However, the defendant recognizes the crime and reflects the wrongness.

The victim M and N agreed with the court below and agreed with the victim B in the trial.

Comprehensively taking account of such circumstances as the Defendant’s age, character and conduct, and circumstances after the crime, etc., it cannot be deemed that the lower court’s punishment is too uneasy and unreasonable, and rather, it is deemed that the Defendant’s assertion is unreasonable. Therefore, the Prosecutor’s assertion is without merit and is with merit.

3. When the defendant, ex officio, files an appeal against a conviction, the compensation order pursuant to Article 33(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, even if the defendant does not object to the compensation order, shall be transferred to the appellate court along with the accused case.

The judgment below

As to the part of the compensation order, the court below acknowledged that the applicant submitted an agreement with the defendant and a written application for no punishment that "the defendant agreed with and does not want the defendant's punishment" when it comes to the trial, and therefore, the existence or scope of the defendant's compensation liability against the applicant for compensation is not clear. Therefore, the part of the compensation order among the judgment below was no longer maintained.

4. If so, the defendant's appeal is reasonable. Thus, the defendant's appeal among the judgment below pursuant to Article 364 (6) of the Criminal Procedure Act.

arrow