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(영문) 대구지방법원 2021.01.20 2020노3670
사기등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and five months.

The defendant shall make compensation for the trial to the applicant.

Reasons

1. On the summary of the grounds for appeal, the defendant asserts that the defendant is too unfasible to the punishment sentenced by the court below (one year and six months of imprisonment), and the prosecutor is too unfasible and unfair.

2. It is recognized that the judgment defendant obtained money from many victims during the period of the same repeated crime and did not recover the damage.

However, in view of the fact that the lower court agreed with some victims and that there was an additional agreement with the victim B in the first instance trial, the lower court’s punishment is somewhat unreasonable.

3. When the defendant, ex officio, files an appeal against a conviction, the compensation order shall be transferred to the appellate court along with the defendant's case pursuant to Article 33 (1) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, even if he does not object to the compensation order.

According to the records, the defendant paid the amount of damages to the applicant and only agreed with the applicant for compensation in the court below's trial, so the existence or scope of the defendant's liability for compensation against the applicant for compensation in the court below's trial is not clear. Therefore, the part of the compensation order in the court below's judgment cannot be maintained any more.

4. In conclusion, the defendant's appeal is reasonable, and since the part of the court below's order for compensation against the applicant for compensation among the judgment below also has grounds for revocation, the judgment of the court below is entirely reversed pursuant to Article 364 (6) of the Criminal Procedure Act and Article 33 (4) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, and the following decision is rendered again after pleading (in case where the judgment of the court below is reversed by accepting the defendant's appeal, the prosecutor's appeal is not dismissed separately from the disposition of the court below). [The summary of criminal facts and evidence against the defendant recognized by this court is the same as that of the corresponding column of the judgment of the court below, and thus, they

Application of Statutes

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;

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