사기등
The defendant's appeal is dismissed.
An application for compensation filed by an applicant for compensation in the trial of the party shall be dismissed.
1. Scope of adjudication of this court;
A. In a case where an appeal against a judgment of conviction of the relevant legal principles is filed, the confirmation of an order for compensation is prevented even without an objection to the order for compensation, and the order for compensation is transferred to the appellate court along with the defendant's case (Article 33(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings). In addition, with respect to any matter that is not a reason for ex officio examination, the appellate court may conduct a trial only when it is included in the statement of appeal submitted within the prescribed period, unless it is stated in
Even if it is obvious that the adjudication can be made ex officio.
(See Supreme Court Decision 98Do1234 delivered on September 22, 1998, etc.). B.
The specific judgment of the court below accepted B’s application for compensation which is the applicant for compensation, and the defendant appealeds against the judgment of the court below, but the defendant did not assert the grounds for appeal regarding the cited portion of the compensation order in the judgment of the court below, and even if ex officio is examined, the grounds for cancelling or changing the cited portion of the compensation order among the judgment of the court below cannot be found
On the other hand, the court below rejected C’s application for compensation order (the application for compensation order 2020 early 230) which is the applicant for compensation, and the above 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. Therefore, the part rejecting the application for compensation order was immediately finalized.
Therefore, among the judgment below, the rejection of the above compensation order is excluded from the scope of the judgment of this court.
2. The summary of the grounds for appeal (e.g., imprisonment with prison labor for two years and six months) of the lower court against the Defendant is too unreasonable.
3. Compared to the first instance court’s judgment on the grounds of appeal, there is no change in the conditions of sentencing, and the first instance’s sentencing is reasonable in its discretion.