사기등
Of the judgment of the first instance, the part concerning the accused case and the second judgment shall be reversed.
The defendant shall be punished by imprisonment for two years.
1. Where an appeal is filed against a judgment of conviction within the scope of adjudication of this Court, the confirmation of a compensation order shall be prevented, and the compensation order shall be transferred to the appellate court along with the accused case (Article 33(1) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings). In addition, an applicant may not file an appeal against the judgment dismissing an application for compensation or admitting a part thereof.
(Article 32(4) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (Article 32(4) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings). Article 32(1) of the first instance court partially accepted an application for compensation order filed by K, AH, and AI (the part concerning K: 500 won, the applicant for compensation, the applicant for compensation, and the part concerning delay damages) and the remaining applicants for compensation. As to the dismissed part, the applicant cannot file an appeal, the rejection part is immediately determined and immediately determined and excluded from the scope of the court’s adjudication. The cited part concerning compensation order is deemed to have been appealed pursuant to Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc., but the defendant and his/her defense counsel did not state the grounds for appeal regarding the cited part of the first instance judgment among the first instance judgment, and even if examined ex officio, the cited
2. The summary of the grounds for appeal (e.g., misappropriation) of the judgment of the court below against the defendant is too unreasonable (e.g., 1 year and 6 months of imprisonment, and 6 months of imprisonment).
3. We examine ex officio prior to rendering judgment on the grounds for appeal by the defendant for ex officio judgment.
In the court of the first instance, the second instance judgment and the second instance judgment against the defendant were consolidated, and each of the above concurrent cases against the defendant is related to concurrent crimes under the former part of Article 37 of the Criminal Act, and the judgment of the court below should be sentenced to one punishment pursuant to Article 38 (1) 2 of the Criminal Act.