Text
The judgment below
The remainder of the compensation order, excluding the compensation order, shall be reversed.
A defendant shall be punished by imprisonment for one year.
Reasons
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) of the lower court against the Defendant is too unreasonable.
2. Determination
A. Prior to the judgment of the court below on the grounds of appeal ex officio as to each order for compensation against AR, L, AM, S, N, NA, U, AV, X, BC, AS, Y, and BD, the above order for compensation against the above applicant for compensation is examined as to each order for compensation among the judgment below ex officio.
The compensation order pursuant to the provisions of Article 25 (1) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings is a system that intends to order the compensation of damage suffered by a victim of a criminal act of a defendant only when the amount of damage suffered by a criminal act of a defendant is specified and the scope of the defendant's compensation is clear, thereby promoting the smooth and prompt recovery of damage suffered by a victim. According to the provisions of Article 25 (3) 3 of the same Act, where the existence or scope of the defendant's compensation liability is unclear, the compensation order shall not be issued, and in such
(See Supreme Court Decision 2012Do7144 Decided August 20, 2012). The lower court, upon accepting each application for compensation by the above applicant for compensation, ordered the applicant for compensation to pay the amount obtained by deceit as stated in the “amount of compensation” as indicated in the attached Table of the lower judgment. However, according to the records of the instant case, the lower court can recognize the fact that the Defendant received an agreement from the above applicant for compensation to the effect that he/she would pay each amount of damage and would not want the Defendant’s punishment from the above applicant for compensation.
Therefore, the existence or scope of the defendant's liability for compensation against the above applicant for compensation is not clear. Therefore, the part of each compensation order against the above applicant for compensation among the judgment of the court below cannot be maintained in this point.
B. Each of the crimes of this case in determining the grounds for appeal are on the Internet.