사기
The remainder and the second judgment of the lower court, excluding the rejection of an application for compensation order, among the lower judgment.
1. The first instance court dismissed the applicant’s application for compensation order, 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 Promotion, etc. of Legal Proceedings. Therefore, the part rejecting the application for compensation order was immediately determined.
Therefore, among the judgment of the court of first instance, the rejection of an application for the above compensation order is excluded from the scope of adjudication of this court.
2. Summary of reasons for appeal;
A. The punishment sentenced by each court below (the first instance court: imprisonment with prison labor for one year, and second instance: imprisonment with prison labor for ten months) is too unreasonable.
(b)the sentence sentenced to the first instance judgment of the Prosecutor is too unhued and unreasonable;
3. As the judgment of the court below was rendered ex officio, the defendant appealed all of the above judgment of the court below, and the prosecutor also appealed against the judgment of the court of first instance, and the court decided to hold a joint hearing of each appeal case.
Therefore, each of the crimes in the first and second judgments rendered on the Defendant is concurrent crimes under the former part of Article 37 of the Criminal Act, and thus a single sentence should be imposed in accordance with Article 38(1) of the Criminal Act. In this regard, the remainder of the judgment of the court below excluding the rejection of an application for compensation order among the judgment of the court of first instance, and the judgment of the court of second instance cannot be maintained.
4. As such, the remaining parts of the judgment of the court below No. 1, excluding the dismissed portion of the application for compensation order, and the judgment of the court below No. 2, excluding the dismissed portion of the application for compensation order among the judgment of the court below, are reversed, and the judgment of the court below No. 1 and the judgment of the court below No. 2, excluding the dismissed portion of the application for compensation order among the judgment of the court below, are all reversed,
[Grounds for the judgment below] Facts constituting an offense and summary of evidence recognized by the court, and summary of evidence, are stated in the reasoning of the judgment below.