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(영문) 대구지방법원 2015.06.19 2015노1556
사기
Text

All the judgment below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

An application for compensation by an applicant for compensation shall be dismissed.

Reasons

1. Summary of grounds for appeal;

A. The 10-month imprisonment sentenced by the lower court is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. Determination:

A. The judgment of the court below on the grounds of appeal is somewhat inappropriate, since the defendant recognized all of the crimes of this case and reflects the depth thereof, the defendant agreed with the victim C, M, and other conditions of sentencing as shown in the records and arguments of this case, such as the defendant's age, character and conduct, environment, family relationship, etc., are considered, since the defendant's argument is reasonable and the prosecutor's argument is without merit.

B. Although the Defendant did not state the grounds for appeal regarding the order for compensation ex officio, when an appeal against the conviction was filed, the confirmation of the order for compensation is prevented, and the order for compensation is transferred to the appellate court along with the case of the Defendant, even if there is no objection to the order for compensation, and thus, ex officio.

If the defendant submitted a written agreement with the applicant for compensation in the course of trial, it is reasonable to examine the existence or scope of the defendant's liability by examining the specific contents of the agreement rather than immediately citing the amount first applied by the applicant for compensation.

(See Supreme Court Decision 2013Do9616 Decided October 11, 2013). According to the above legal principle, the court below's order for compensation ex officio was examined. According to the records of this case, the defendant was paid KRW 5 million out of 8.25 million, and the remaining KRW 3.250,000,000 from the defendant was submitted to the effect that the defendant agreed to receive 10,000 won each month after the release of the defendant. According to the above recognition, the application for compensation order by the applicant for compensation is clearly defined.

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