(영문) 청주지방법원 2014.12.05 2014노985 | 리걸엔진

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 청주지방법원 2014.12.05 2014노985

사기

Text

The judgment of the court below is reversed, and the compensation order is revoked.

A defendant shall be punished by imprisonment for not less than eight months.

except that this judgment.

Reasons

1. The fact that the defendant has a record of having been sentenced to criminal punishment for the same kind of crime and that the amount obtained by deception is not much important is disadvantageous to the defendant.

However, in light of the circumstances such as the fact that the defendant recognized the crime of this case in the trial at the trial at the court (the defendant was detained in court at the time of sentencing the judgment of the court below and detained for not less than two months) and the fact that the defendant deposited 27.5 million won for the recovery of damage in the court below, and the victim did not want the punishment of the defendant, the social relation between the defendant and his family members and the persons who want to lead the defendant clearly, and the defendant's family members and the persons who want to guide the defendant, it is recognized that the punishment of the defendant is unfair because it is too unreasonable in light of various sentencing conditions indicated in the records, such as age, character and behavior, family relationship, the circumstances and motive of the crime, and the circumstances after the crime.

2. The lower court, on the part of the compensation order, ordered the Defendant to pay KRW 50 million to the applicant for compensation. However, as seen above, the Defendant deposited KRW 27.5 million in the lower court’s order to recover damage, and the Defendant agreed to do so in the first instance court. As such, it became unreasonable to issue the compensation order in the criminal procedure because the scope of the compensation liability is not clear.

3. Thus, the defendant's appeal is reasonable, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the application for the compensation order of this case is decided as follows. Since the scope of liability for compensation is not clear and it is not reasonable to issue the compensation order in the criminal procedure, it is therefore an order for compensation pursuant to Article 33 (4)

참조조문

-소송촉진 등에 관한 특례법 제33조 제4항

-형사소송법 제364조 제6항

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