Text
The judgment below
Part of the compensation order, except the compensation order, shall be reversed.
A defendant shall be punished by imprisonment for a term of one year and two months.
evidence of seizure.
Reasons
An applicant for the scope of adjudication of the party concerned shall not file an objection against a judgment that rejected an application for compensation order (Article 32(4) of the Act on Special Cases concerning the Promotion, etc. of Litigation), and the application for compensation order shall become final and conclusive immediately.
The court below rejected the application for compensation filed by B, and confirmed simultaneously with the declaration that the above applicant for compensation was not dissatisfied with this part, and thus, the dismissal of the above application for compensation among the judgment of the court below shall be excluded from the scope of the trial of the party.
2. The main point of the grounds for appeal is that the lower court’s imprisonment (two years and six months of imprisonment, and confiscation) is too unreasonable.
3. In the judgment below, the defendant paid the victim B a KRW 13 million to the victim N, KRW 7 million to the victim D, KRW 23 million to the victim I, KRW 13 million to the victim Q Q, and the victims do not want the defendant's punishment by mutual consent with the victims, the defendant has no record of punishment before the case, and the defendant's family members are trying to make efforts to prevent recidivism, and other circumstances that form the conditions of sentencing as shown in the records and arguments of this case are considered to be unfair, taking into account the defendant's age, character and behavior, environment, circumstances leading to the crime of this case, motive and other circumstances.
Therefore, the defendant's assertion of unfair sentencing is justified.
4. In conclusion, the defendant's appeal is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the judgment below is ruled as follows.
[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to each corresponding column of the judgment below. Thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 225 of the Criminal Act and Articles 225 and 30 of the Criminal Act concerning the applicable criminal facts and the choice of punishment (the point of Article 30 of the Official Document);