(영문) 서울동부지방법원 2020.05.15 2020노272

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(영문) 서울동부지방법원 2020.05.15 2020노272

컴퓨터등사용사기방조

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The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

The court below's order for compensation shall be revoked and revoked.

Reasons

1. Summary of grounds for appeal;

A. In the part of the defendant's case, the punishment sentenced by the court below (eight months of imprisonment) is too unreasonable.

B. Since the Defendant agreed with the victim to recover part of the compensation order, the application for compensation order must be dismissed.

2. Determination

A. The court below's sentence is too unfair in full view of all the circumstances, including the following: (a) the crime of Bosing, such as this case, which is judged on the part of the defendant's case, requires strict punishment because its social harm is very high; (b) the defendant's mistake is recognized; (c) the defendant paid the victim the amount of KRW 10 million and paid the remainder of the damage in the future; (d) the defendant would have no profit from the crime of this case; (e) the defendant would have a criminal conviction only once, and there is no criminal conviction above the suspension of execution; and (e) the defendant's age, character, character, environment, occupation, circumstance and details leading to the crime of this case, and circumstances after the crime.

Therefore, this part of the defendant's argument is justified.

B. According to Article 25(3)3 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings as to the part of a compensation order, when the existence or scope of a defendant's liability for compensation is unclear, a compensation order shall not be issued, and in such a case, an application for a compensation order shall be dismissed pursuant to Article 32(1)

According to the documents submitted in the trial of this case, the court below ordered the defendant to pay KRW 79,294,00 to B who made the application for compensation, and it is recognized that the defendant paid part of the amount of damage to the above applicant for compensation and agreed with the above applicant for compensation. Thus, the defendant's liability for compensation against the above applicant for compensation is limited.

참조조문

-소송촉진 등에 관한 특례법 제25조 제3항 제3호

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