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(영문) 전주지방법원 2018.12.05 2018노1186
사기
Text

The part of the judgment of the court below regarding the defendant's case, excluding the confiscated part, shall be reversed.

Defendant shall be punished by imprisonment.

Reasons

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

2. In full view of all the circumstances, including the fact that the Defendant’s judgment on the Defendant’s assertion made a confession of the instant crime, and the Defendant returned the amount of damage to the Victim AZ, J, AX, and Y at the lower court, and the amount of damage was returned to the victim C, G, E, H,O, R, V, and U during the first instance trial, and the Defendant’s age, sex, environment, circumstances surrounding the instant crime, and circumstances after the commission of the instant crime, etc., the lower court’s punishment seems to be unfair because it seems that the Defendant’s assertion is too unreasonable.

3. In a case where the Defendant, ex officio, filed an appeal against conviction regarding the part of the compensation order against the petitioner C, E, G, and H among the judgment below, the compensation order pursuant to Article 33(1) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, even if there is no objection to the compensation order, is transferred to the appellate court along with the Defendant’s case, and thus, the part of the compensation order against the petitioner C, E, G, and H

The court below ordered the defendant to pay each amount of damage to the above applicant by accepting the application for compensation order filed by the applicant C, E, G, and H. However, according to the records, since it is acknowledged that the defendant fully repaid the above applicant the amount of damage to the above applicant since the existence of the defendant's liability for compensation against the above applicant is not clear, the part of the compensation order for the applicant C, E, G, and H in the judgment of the court below cannot be maintained as it is.

4. Thus, the defendant's appeal is with merit, and the part of the judgment below's case excluding the forfeited part among the part of the defendant's case is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal against C, E, G, and H among the judgment below.

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