(영문) 서울남부지방법원 2019.10.10 2019노1474

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(영문) 서울남부지방법원 2019.10.10 2019노1474

사기등

Text

The judgment below

The remainder, excluding the rejection of an application for compensation order, shall be reversed.

The defendant shall be sentenced to one year of imprisonment.

Reasons

1. The court below rejected the application for compensation order B by the applicant for compensation, and partly accepted the application for compensation order filed by D by the applicant for compensation, and rejected the remainder. The applicant for compensation cannot file an objection against the judgment dismissing the application for compensation or accepting the part in accordance with Article 32(4) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, and thus, the dismissed part is excluded from the scope of the judgment of this court

2. The summary of the grounds for appeal (in both cases of unfair sentencing) by the court below (in both cases of imprisonment and two years), is too minor or unreasonable.

3. The criminal defendant's participation in the judgment is highly necessary to punish the criminal defendant even if he/she was in charge of certain acts of implementation as a serious crime of serious social harm, such as causing damage to an unspecified number of unspecified victims in a planned and systematic manner.

The defendant plays a role in remitting the victims' money directly to other accomplices, and during that process, the criminal law is considerably poor, the frequency of crimes is high, and the amount of damage is considerable. Therefore, the defendant's responsibility is very heavy.

However, the defendant is against his criminal act.

There is no criminal power against the defendant, since the profits acquired by the defendant are significant.

The court below made an agreement with one of the victims, and there was an additional agreement with the other victims in the trial, and the victims want to find the defendant's wife.

Considering these circumstances, the sentence of the court below is deemed unfair.

4. As such, the defendant's appeal is with merit, and the remaining part of the judgment below excluding the rejection of the application for compensation order among the judgment below pursuant to Article 364 (6) of the Criminal Procedure Act is reversed and the following is

Although the appeal by the prosecutor is groundless, the appeal by the defendant shall be accepted.

참조조문

-소송촉진 등에 관한 특례법 제32조 제4항

-형사소송법 제364조 제6항

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