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(영문) 인천지방법원 2016.11.16 2016노4148
사기등
Text

The defendant's appeal is dismissed.

The judgment below

The part of the compensation order against the F applicant for compensation shall be revoked.

Reasons

1. The main point of the grounds for appeal is that the court below's imprisonment (six months of imprisonment) is too unreasonable.

2. Determination

A. In a case where an ex officio judgment on the part of the order for compensation filed an appeal against a conviction, the order for compensation 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 order for compensation, is transferred to the appellate court along with the defendant's case, the part of the order for compensation against F

The court below issued a compensation order ordering the defendant F to pay KRW 261,00 to the applicant for compensation, but it is recognized that the applicant for compensation has agreed to receive the compensation from the defendant in return for the payment of the compensation amount. Thus, the application for compensation order by the applicant for compensation falls under a case where the scope of the liability for compensation is unclear and thus, it shall be dismissed in accordance with Articles 32(1)3 and 25(3)3 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings

Therefore, the compensation order part against F among the judgment below is no longer maintained.

B. Although there are circumstances that may be considered in light of the circumstances, such as the Defendant’s erroneous recognition of his/her own mistake, that most of the damages were recovered (victim R and S) in the original trial, the Defendant committed the instant crime without being aware of the fact that he/she was committed even during the period of the same repeated offense, and that there was no special change in circumstances after the pronouncement of the original judgment, and that there was no other changes in circumstances following the pronouncement of the original judgment, and all the sentencing conditions in the instant records and arguments, such as the Defendant’s age, character, character, occupation and environment, motive and background of the crime, and circumstances after the crime, etc., even if considering the favorable circumstances of the Defendant as seen earlier, it is not deemed unfair

Therefore, we cannot accept the defendant's above assertion.

3. Thus, the defendant's appeal is without merit.

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