사기
The part of the judgment of the court of first instance and the judgment of the court of second instance are reversed.
Defendant shall be punished by imprisonment with prison labor for not less than ten months.
1. The summary of the grounds for appeal (e.g., misappropriation) of the original judgment (e.g., 1 year of imprisonment and 2 months of imprisonment) is too unreasonable.
2. Ex officio determination
A. The judgment of the court below against the defendant in the part of the case of the defendant was sentenced to each of the judgment below, and the defendant filed each appeal, and the court decided to hold the appeal jointly. Each of the crimes in the judgment of the court below is a concurrent crime relationship under the former part of Article 37 of the Criminal Act, and a sentence should be imposed within the scope of punishment aggravated for concurrent crimes pursuant to Article 38(1) of the Criminal Act. Thus, the court below
B. Where an appeal against a judgment of partial conviction of a compensation order is filed, the confirmation of a compensation order shall be prevented, and the compensation order shall be transferred to the appellate court together with the accused case, even if there is no objection to the compensation order.
Meanwhile, according to the provisions of Article 25 (3) 3 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings (hereinafter "the Litigation Promotion Act"), where the existence or scope of liability of the accused is unclear, the compensation order shall not be issued, and in such cases, the application for compensation order shall be dismissed pursuant to Article 32 (1) of the same Act.
(2) According to the records of this case, the Defendant submitted a written application for non-prosecution of the above M on October 22, 2020, in consultation with M, an applicant for compensation after the lower judgment was rendered, and the scope of the Defendant’s compensation liability against the above M is unclear.
Therefore, the application for compensation order of M, an applicant for compensation, should be dismissed because the defendant is unable to issue an order for compensation.
The compensation order for this part of the judgment of the court of first instance cannot be maintained as it is.
3. If so, the judgment of the court below is based on the above reasons for reversal of authority, and it is judged on the defendant's allegation of unfair sentencing.