사기등
All the judgment of the court below (excluding the part of the judgment of the court of first instance that applied for a compensation order) shall be reversed.
The defendant shall be held.
The first instance court dismissed the application for compensation order filed by the applicant C, and the applicant for compensation cannot file an objection against the judgment dismissing the application for compensation pursuant to Article 32(4) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, so the above application for compensation order became final and conclusive immediately. Thus, the part of the first instance court’s rejection of the above application for compensation among the judgment below is excluded from the scope of the judgment of this court
The sentencing of the original judgment (the first judgment: imprisonment with prison labor for 2 years, and imprisonment with prison labor for 4 months) on the summary of the grounds for appeal is too unreasonable.
We examine the reasons for appeal by the defendant ex officio prior to the judgment.
The defendant filed an appeal against each judgment of the court below, and the court of the first instance decided to concurrently examine the above two appeals cases, and each of the offenses in the judgment of the court of first instance and the second instance in the judgment of the court of second instance are concurrent offenses under the former part of Article 37 of the Criminal Act, and thus, one punishment shall be imposed pursuant to Article 38(1) of the Criminal Act. Thus, the judgment of the court below cannot be maintained any more.
The Defendant was sentenced to six months of imprisonment for fraud in relation to assistance in Suwon-si District Court, on November 27, 2015, and the judgment became final and conclusive on August 23, 2016. As such, each of the crimes in the second instance judgment, as well as the crimes in the second instance judgment, 2016 senior group 4209, the first instance judgment also determined a punishment after reviewing whether to reduce or exempt the punishment in consideration of equity with the case where the judgment is to be rendered simultaneously pursuant to Article 39(1) of the Criminal Act, and thus, the first instance judgment cannot be maintained.
Each of the crimes in the first instance judgment of the court of first instance, which are crimes prior to the above final judgment, and the crimes in the second instance judgment of the court of second instance, and the crimes in the second instance, which are crimes after the above final judgment, are crimes in the second instance judgment of the court of first instance, and each of the crimes in the second instance, which are crimes after the above final judgment, is not related to concurrent crimes, and each of the crimes in the second instance 4837, which are separate punishments.