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(영문) 대전지방법원 2017.04.13 2017노75
사기
Text

The judgment below

Among the compensation applicants, the remainder, excluding the compensation order part for applicants D, E, F, and G, shall be reversed.

Reasons

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

2. It is recognized that the instant crime was committed against a large number of victims, and that the nature of the crime was serious in light of the subject of the crime, method of the crime, etc.; that the amount acquired by the Defendant is a total of KRW 122,90,000,000; that the Defendant committed the instant crime during the suspended execution period due to the same kind of crime; that the Defendant did not agree with the victims Qua, N, H, and Y other victims.

However, if the defendant recognized all of the crimes of this case and agreed with Q Q in the court below, and further agreed with the victim N, H, and Y in the court below, and considering the defendant's age, sex, environment, motive, means and consequence of the crime of this case, and all of the conditions of sentencing in the process of the crime of this case, such as the circumstances before and after the crime of this case, the court below's punishment is too unreasonable.

3. Accordingly, the part of the judgment below excluding the part of the compensation order for applicants D, E, F, and G among the compensation order in accordance with Article 364(6) of the Criminal Procedure Act is reversed as the defendant's appeal is well-grounded, and the fact that H's application for compensation order for the applicant for compensation is recognized as having agreed with the defendant at the trial of the court below that H would not raise a civil or criminal objection against this case, and thus, it is not reasonable to issue an order for compensation in the criminal procedure because the scope of the compensation liability is unclear, and therefore, it is not reasonable to issue an order for compensation in the criminal procedure. Thus, pursuant to Articles 32(1)3 and 25(3)3 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, the court below dismissed the application for compensation order of the applicant for compensation of the applicant for compensation in the

【Grounds for a new judgment】 Criminal Procedure Act is applicable to the facts constituting a crime and summary of evidence recognized by the court, as stated in the corresponding column of the judgment below.

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