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(영문) 서울중앙지방법원 2020.06.30 2020노1017

사기

Text

All appeals filed by the defendant and prosecutor are dismissed.

The defendant shall be 9860,000 won to C, an applicant for compensation, who is an applicant for compensation.

Reasons

1. In a case where an appeal against a judgment of conviction in the scope of a trial by this court is filed, the confirmation of a compensation order shall be prevented even without an objection to the compensation order, and the compensation order shall be transferred to the appellate court along with the accused case (Article 33(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings). With respect to any matter that is not a ground for ex officio examination, the appellate court may conduct a trial only when it is entered in the petition of appeal or is included in the statement of reasons for appeal submitted within

Even if it is obvious that the adjudication can be made ex officio.

(See Supreme Court Decision 98Do1234 delivered on September 22, 1998. The court below affirmed B’s application for compensation, which is an applicant for compensation, and appealed against the judgment below, but the Defendant did not assert the grounds for appeal regarding the cited portion of the judgment below’s application for compensation, and even upon ex officio examination, it cannot find the grounds for cancelling or changing the cited portion of the judgment below’s application for compensation, and thus, the cited portion of the judgment below’s application for compensation remains intact.

2. Summary of grounds for appeal;

A. Defendant 1 did not fully recognize the fact that the Defendant was involved in the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

3. Determination A.