(영문) 서울서부지방법원 2015.01.22 2014노1178

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울서부지방법원 2015.01.22 2014노1178

사기

Text

The judgment below

The appeal filed by both the defendant and the prosecutor on the defendant's case is dismissed.

The judgment below

(2).

Reasons

1. The defendant asserts that the defendant's punishment of imprisonment (two years of imprisonment) of the court below is too unreasonable, and the prosecutor asserts that it is too unfasible and unreasonable.

2. In full view of all the sentencing factors favorable to the defendant, including the fact that there are seven criminal records of the same kind including that of imprisonment with prison labor for the defendant, the crime of this case is committed during the same type of repeated crime period, and the victim is six and the defrauded is at least 180 million won, and the crime of this case is not committed as a planned crime, and both the crime is deemed to be committed, and the defendant is led to the confession and reflect of the crime that is unfavorable to the defendant and the defendant, and the fact that the defendant repaid the total sum of 30 million won to three victims during the trial and agreed to pay the above sum of the three victims, etc., it cannot be deemed that the sentence of the court below is too heavy or unreasonable.

3. According to the records of ex officio determination, it is recognized that the defendant was in a party trial and the defendant paid 4 million won out of the amount acquired through deception to E, and E has waived his claim for the remaining amount acquired through deception under an agreement with E.

Therefore, since the defendant's liability for compensation against E has ceased to exist, the application for compensation of E is without merit.

4. In conclusion, since the Defendant and the prosecutor’s appeal regarding the accused case among the judgment below are without merit, they are dismissed pursuant to Article 364(4) of the Criminal Procedure Act, and since the application for compensation of E, an applicant for compensation, is without merit, it is so decided as per Disposition by cancelling the part of the compensation order concerning E, among the judgment below pursuant to Articles 33(4) and 32(1)2 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings

참조조문

-소송촉진 등에 관한 특례법 제32조 제1항 제2호

-소송촉진 등에 관한 특례법 제33조 제4항

-형사소송법 제364조 제4항

유사 판례

-인천지방법원 2020.12.18 2020노3205

-인천지방법원 2019.10.18 2019노2278

-인천지방법원 2015.10.02 2015노2630

-대구지방법원 2020.04.24 2019노5192

-창원지방법원 2016.11.09 2016노1773