사기등
The remaining parts of the judgment of the court of first instance excluding the compensation order part and the judgment of the court of second instance are reversed.
1. Where an appeal against a judgment of conviction by the appellate court is filed, the confirmation of a compensation order shall be prevented even without an objection to the compensation order, and the compensation order shall be 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 Lawsuit). The part of the court below's admitting the compensation order by the first instance court pursuant to Article 33(1) of the Act on Special Cases Concerning the Promotion, etc. of Lawsuit by filing an appeal against the judgment of the first instance shall be deemed to have been appealed. However, although the appeal petition and the appellate brief contain no indication of the grounds for appeal regarding the cited portion of the judgment of the first instance court, and even if ex officio
2. The grounds for appeal (e.g., punishment of the lower court: imprisonment with prison labor for one year and nine months; and imprisonment with prison labor for one month) are too unreasonable.
3. The court of original judgment Nos. 1 and 2 sentenced the defendant to a judgment after completing separate hearings, and the defendant filed an appeal against each of the above judgments, and the court of appeal decided to hold the above two appeals jointly for the trial.
The crime of the lower judgment against the Defendant is one of the concurrent crimes under the former part of Article 37 of the Criminal Act, and should be sentenced to a single sentence within the scope of punishment aggravated for concurrent crimes pursuant to Article 38(1) of the Criminal Act. As such, the remainder of the lower judgment excluding the compensation order portion among the first lower judgment and the second lower judgment should be reversed.
4. As such, the remainder of the judgment of the court of first instance excluding the part of the compensation order, and the judgment of the court of second instance excluding the part of the compensation order excluding the part of the judgment of the court of first instance excluding the compensation order pursuant to Article 364 (2) of the Criminal Procedure Act excluding the part of the judgment of the court of first instance excluding the