(영문) 인천지방법원 2016.04.20 2016노246 | 리걸엔진

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Reasons

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자간(%)

(영문) 인천지방법원 2016.04.20 2016노246

사기

Text

The Defendants’ appeal is dismissed.

Defendants jointly pay 18,418,00 won to the applicant for compensation.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) that the lower court sentenced the Defendants (one year of imprisonment with prison labor for Defendant A and eight months of imprisonment for Defendant B) is too unreasonable.

2. Determination

A. There is no change of circumstances to consider the sentencing after the judgment of the court below regarding the Defendants’ wrongful assertion of sentencing, and comparing the records and arguments of this case with the reasons for sentencing of the court below's decision, even if considering the circumstances alleged by the Defendants on the grounds of appeal, the sentence of the court below is too unreasonable.

B. After the court below rejected the application of the applicant for compensation at the court below's determination as to the application of the applicant for compensation, the applicant applied for the same compensation at the court below. However, the court below rejected the application for compensation on the ground that the application was made after the closure of the pleading. In such a case, the court below should not immediately dismiss it as an incidental law, and should make a decision after hearing the application for compensation.

According to the evidence duly admitted and investigated by the court below, the facts charged of this case against the applicant for compensation of 118,418,00 won in the amount of damage are found guilty. Thus, the application for compensation order by the applicant for compensation of 118,418,00 won in the trial is justified.

3. In conclusion, the Defendants’ appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the Defendants’ appeal is without merit. As to the application for a remedy order filed by the applicant for compensation by the court of the first instance, pursuant to Articles 25(1) and 31(2) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, the Defendants jointly order the compensation of KRW 118,418,00 for damages, and the above order for compensation is attached to the above order for compensation pursuant to Article 31(3) of the Act on Special Cases.

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