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(영문) 전주지방법원 2020.11.26 2020노629
사기
Text

The judgment below

Of the judgment below, the remainder except the compensation order part concerning B and E shall be reversed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (two years and six months of imprisonment) is too unreasonable.

2. The court below's punishment against the defendant is too unfair in light of the circumstances and contents of the crime of this case, the crime of this case, the frequency and amount of the crime of this case, the damage caused by the crime of this case has not been recovered to a considerable extent until the trial is held, and the criminal records of this case have not been agreed with some victims, etc. However, the defendant's whole confession and reflects the crime of this case, the defendant agreed with some victims, and other various sentencing conditions as shown in the records and arguments such as the defendant's age, character and behavior, environment, and circumstances before and after the crime of this case, etc. are considered as being too poor in light of the facts and contents of the crime of this case and the method of the crime of this case.

3. When the defendant, ex officio, filed an appeal against a conviction against the judgment of conviction as to the order for compensation concerning C, the court below's ex officio, pursuant to Article 33 (1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, even if there is no objection to the order for compensation, the order for compensation is transferred to the appellate court along with the defendant's case. Thus, according to the records of this case, it is reasonable to consider ex officio as to the part of the order for compensation concerning C, which is the application for compensation of the court below, as the defendant agreed with C, which is the application for compensation of the court below, and C sought a prior action against the defendant. Thus, it is not reasonable to issue

Therefore, among the judgment of the court below, the compensation order part concerning C, which is an application for compensation, cannot be maintained as it is.

4. Accordingly, the defendant's appeal is reasonable, and the compensation order as to C, which is an application for compensation, among the judgment below, has the above reasons for revocation.

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