사기
The defendant case portion and the second judgment of the court of first instance shall be reversed.
A defendant shall be punished by imprisonment for not less than two years and six months.
1. The first instance court accepted U’s application for compensation, which is an application for compensation, and rejected the remainder of the application by citing part (13 million won and delay damages) of V’s application for compensation (21 million won and delay damages).
First, pursuant to Article 33(1) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, where an appeal against a judgment of conviction is filed, the compensation order is transferred to the appellate court along with the defendant's case. Thus, the cited part of the above compensation application is deemed to have been appealed. However, even if the defendant did not state the grounds for appeal regarding the cited part of the above compensation application in the petition of appeal and the statement of reasons for appeal submitted by the defendant, and even if ex officio examination is conducted, the above cited part of the judgment below does not
Therefore, among the judgment below, the above compensation order is maintained as it is.
Next, in the case of partial rejection of the application for compensation of V, pursuant to Article 32(4) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, an applicant for compensation cannot file an objection against the judgment that partially accepted the application for compensation, and the part that partially dismissed the application for compensation is excluded from the scope of the adjudication of this court.
2. The summary of the grounds for appeal (the first instance court: imprisonment with prison labor for three years and the second instance court: imprisonment with prison labor for six months) of the lower court is too unreasonable;
3. Ex officio determination
A. Before examining the judgment on the part of the judgment of the first instance and on the grounds for appeal of the second judgment, the defendant filed an appeal against all of the judgment below, and this court decided to hold the two appeals together.
Since each crime of the judgment below is one of the concurrent crimes under the former part of Article 37 of the Criminal Act, a sentence should be imposed in accordance with Article 38(1) of the Criminal Act, the part of the judgment of the court of first instance and the judgment of the court of second instance cannot be maintained.
(b).