특정경제범죄가중처벌등에관한법률위반(사기)등
The appeal is dismissed.
Of the judgment of the court below, the judgment of the court below is reversed.
We examine the grounds of appeal.
According to Article 383 subparagraph 4 of the Criminal Procedure Act, only a case on which death penalty, imprisonment with or without prison labor for an indefinite term or for not less than ten years has been pronounced, an appeal may be filed on the ground that the judgment of the court below had influenced
Therefore, in this case where the defendant was sentenced to a more minor punishment, the court below erred in finding the evidence selection and probative value of the court below or finding facts based on it, or the ground of appeal pointing out legal principles based on facts different from the facts acknowledged by the court below is not a legitimate ground of appeal.
Therefore, the final appeal is dismissed in accordance with Article 380(2) of the Criminal Procedure Act, and it is evident that there was an omission of the entry of the part of the order for compensation in the first instance court in the original judgment. Therefore, it is decided to revise it in accordance with Article 25(1) of the Regulation on Criminal Procedure. It is so decided
April 3, 2020