사기등
The guilty part of the defendant's decision of the first instance court and the part of the defendant's decision of the second instance shall be reversed.
The first instance court rejected the applicant I’s application for compensation, respectively, and rejected the remainder of the applicant’s application for compensation, and the second instance court rejected the applicant’s application for compensation.
First, in the case of the cited part of the applicant I’s application for compensation, where an appeal against the judgment of conviction is filed pursuant to Article 33(1) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, the order for compensation is transferred to the appellate court along with the case of the defendant. Therefore, the cited part of the above application for compensation is deemed to have been appealed. However, although the grounds for appeal regarding the cited portion of the above application for compensation among the judgment below in the first instance on the petition of appeal and the reasons for appeal submitted by the defendant are not indicated in the written appeal submitted by the defendant
Therefore, the part of the judgment of the court of first instance regarding the above compensation order should be maintained as it is.
Next, in the case of the part of the judgment of the first instance and the judgment of the second instance that dismissed the remainder of the applicant’s application for compensation, the applicant for compensation cannot file an objection against the judgment that rejected the application for compensation order (Article 32(4) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings), and the part that rejected the order for compensation order is excluded from the scope of the judgment of the
2. Summary of grounds for appeal;
A. As to the fraud committed before September 2016 by Defendant (misunderstanding of facts and misunderstanding of sentencing) (hereinafter “Defendant 1”), each of the offenses committed prior to September 2016 (Article 5, 6, 7, 10, 13, 16 of the instant criminal facts of the 2018 High Court Decision 2018 High Court Decision 200Da3452, May 19, 2016) was committed against Victim CF in the instant case of “2019 High Court Decision 200Da3516, July 19, 2016; and the Defendant did not clearly dispute the fraud of Victim CF in the instant case of “2019 High Court Decision 201Mo516, July 19, 2016.