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(영문) 인천지방법원 2020.12.03 2020노2896
사기
Text

The judgment below

The part concerning the accused case shall be reversed.

A defendant shall be punished by imprisonment for six months.

except that this judgment.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for six months) that the court below sentenced against the defendant is too unreasonable.

2. In light of the background of the instant crime, the content of deception, and the degree of damage, etc., the Defendant’s liability for the crime is not somewhat unreasonable. However, in full view of the following circumstances, given that the Defendant led to the confession of the instant crime and made efforts to recover damage, the victim was not subject to punishment by mutual consent with the victim, and the Defendant’s age, character and behavior, environment, and circumstances after the crime, etc., the lower court’s punishment seems to be somewhat unreasonable, and thus, the Defendant’s assertion of unreasonable sentencing is reasonable.

3. In a case where the defendant, ex officio, files an appeal against a conviction, the compensation order is transferred to the appellate court along with the defendant's case 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, and thus, the part of

When the defendant has reached the trial, it is limited to cases where the existence or scope of liability for compensation is not clear by paying the money for recovery of damage to the applicant for compensation who is the victim.

Therefore, among the judgment below, the compensation order part against the applicant for compensation cannot be maintained as it is.

4. Accordingly, the defendant's appeal is with merit, and the part concerning the defendant's case of the judgment below regarding the defendant's case is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and since the part concerning the compensation order for the applicant for compensation among the judgment below is justified, it is decided to revoke it pursuant to Article 33 (4) of the Act on Special Cases concerning the Promotion,

[Discied Judgment] Criminal facts and summary of evidence recognized by the court, and evidence related thereto.

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