logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2018.12.06 2018노3880
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (six months of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. The judgment on the grounds for appeal and each of the Defendant’s unfair arguments on sentencing together are considered to be disadvantageous to the Defendant, and the Defendant, even before the instant case, has been punished several times for the same kind of crime.

However, in full view of all the sentencing conditions indicated in the instant case, including the Defendant’s age, occupation, environment, and circumstances after the crime, the Defendant recognized the instant crime and agreed with the victim; the Defendant appears to have used the money borrowed from the injured party as the customer’s account amount and debt repayment; the Defendant closed down the food materials set operated by the Defendant; and the Defendant’s age, occupation, environment, and circumstances after the crime, the lower court’s punishment is heavy.

The decision is judged.

Therefore, the defendant's argument about improper sentencing is justified, and the prosecutor's argument is without merit.

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

The court below ordered the above applicant to pay 28.5 million won to the defendant by deceitation by the above applicant for compensation order filed by the applicant C.

However, according to the records, it is recognized that the defendant paid part of the compensation money to the applicant and agreed to do so.

Therefore, it is not reasonable to issue a compensation order in the criminal procedure because the existence or scope of the defendant's liability for compensation against the applicant is unclear.

Since the court below's order of compensation cannot be maintained as it is.

arrow