(영문) 인천지방법원 2018.12.14 2018노3171 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 인천지방법원 2018.12.14 2018노3171

사기

Text

The judgment below

The portion of the compensation except the compensation order against the applicant B and C shall be reversed.

Defendant shall be punished by imprisonment.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (one year and four months of imprisonment) is too unreasonable.

2. Each of the crimes of this case is very serious in light of its circumstances, means, frequency, period, and scale of damage, etc.

The Defendant committed each of the crimes of this case without being aware of the period of repeated crime due to the same crime and the period of suspended execution due to the same crime, and continued to commit the crimes even during the trial of the original court.

Therefore, the sentence of sentence on the defendant is inevitable.

However, the Defendant is against all the confessions of each of the crimes in this case.

At the court below, the defendant repaid the victim I to the victim D, AJ, W, and AK respectively in the trial of the court below.

Victim AD does not want to punish a defendant.

In full view of the above circumstances, the Defendant’s age, sex and environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., the lower court’s punishment seems to be too unreasonable.

3. The Defendant made ex officio determination on the part of the compensation order against the applicant D, and paid the amount equivalent to the amount of damage to the applicant D.

Accordingly, since the scope of the defendant's liability for compensation is not clear, the part of the judgment of the court below concerning the compensation order for the applicant D cannot be maintained any more.

4. The defendant's appeal is justified and the part of the court below's order for compensation against the applicant D among the judgment below is reversed ex officio, and the part of the judgment below excluding the compensation order against the applicant B and C among the judgment below pursuant to Article 364 (2) and Article 364 (6) of the Criminal Procedure Act is reversed and it is again decided as follows after pleading.

[Re-written judgment] The summary of facts constituting a crime and evidence recognized by the court is only 248 only in the case of the 4th sentence of the judgment below.

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