사기등
The defendant's appeal is dismissed.
An application for compensation filed by an applicant for compensation in the trial of the party shall be dismissed.
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for two years, confiscation) of the lower court is too unreasonable.
2. In full view of the grounds for sentencing indicated in the arguments and records of the instant case, the lower court appears to have reasonably determined by fully considering the various grounds for sentencing alleged by the Defendant, and there seems no special circumstance to ex post facto change the sentencing.
3. According to the records of the court below's determination as to an application for compensation, the applicant filed an application for compensation (2020 early 494) at the court below, but received a decision of dismissal on the ground that the scope of the Defendant's liability for compensation is not clear, and the Defendant appealed against the court below's decision, and the applicant filed an appeal at the court below again at the court below's trial to the same effect as an application for compensation (2020 early 1568).
However, pursuant to Article 32 (4) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, an applicant is not entitled to appeal against the judgment dismissing an application for compensation or accepting a part thereof, and cannot file the same application for compensation again.
Therefore, it is necessary to reject the application for compensation by the applicant for compensation in the court of the first instance since it is illegal.
4. In conclusion, the defendant's appeal is without merit. Thus, the defendant's appeal is dismissed pursuant to Article 364 (4) of the Criminal Procedure Act, and the defendant's application for compensation is dismissed. It is so decided as per Disposition.