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(영문) 춘천지방법원 2020.09.23 2020노538
사기
Text

The judgment below

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

A defendant shall be punished by imprisonment for one year.

The judgment below

(2).

Reasons

The court below rejected the application for compensation order B by the applicant for compensation, but the applicant for compensation is unable to file an objection against the judgment dismissing the application for compensation order pursuant to Article 32(4) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, and the judgment becomes final and conclusive immediately. Thus, the part rejecting the application for compensation order by the court below is excluded from the scope of the judgment of this court (see Article 32(3) of the court below as to the cited part of the compensation order by the court below against C, D, E, F,

A. The summary of the reasons for appeal (one year and six months of imprisonment) by the lower court is too unreasonable.

B. The judgment defendant committed the instant crime without being aware of the record of punishment for the same kind of crime even though he was able to do so.

However, the defendants are all aware of crimes, and they are against themselves.

The amount of each of the instant frauds is relatively small, and the Defendant paid or agreed to pay the full or partial amount of damage to some victims at the lower court, and the court paid or agreed to pay the additional amount to some victims.

In addition to these circumstances, it is judged that the sentence imposed by the court below against the defendant is unfair because it is inappropriate to fully reflect the circumstances that are the 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, motive, background, means and method of the crime, and the circumstances after the crime.

3. Where an appeal is filed against a judgment of conviction as to the part of the judgment of conviction as to the part of the compensation order against some of the applicants for compensation among the judgment below, the compensation order is transferred to the appellate court (Article 33(1) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings). Thus, the part which the court below accepted the application for compensation order of C, D, E, F, and G, which is the applicant for compensation, was not finalized by the defendant'

We examine this ex officio.

In this case.

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