사기등
The defendant's appeal is dismissed.
1. The lower court accepted the application for compensation filed by the applicant B, C, and D, and rejected the application for compensation filed by the applicant E, F, G, and H.
Since the judgment dismissing an application for compensation pursuant to Article 32(4) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings cannot be appealed immediately, the part dismissing the application for compensation among the judgment below shall be excluded from the scope of the trial for the relevant party.
In addition, pursuant to Article 33(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, where an appeal against a judgment of conviction is filed, the compensation order is transferred to the appellate court along with the defendant's case. Therefore, the cited part of the above application for compensation is deemed to have been appealed. However, there is no indication of the grounds for appeal regarding the cited part of the above application for compensation among the judgment below in the petition of appeal and the reasoning of appeal submitted by the defendant, and even if ex officio
Therefore, among the judgment below, the cited part of the application for compensation is maintained as it is.
2. The summary of the grounds for appeal (unfair sentencing) that the lower court sentenced the Defendant (one year and eight months of imprisonment) is too unreasonable.
3. The judgment is recognized that the defendant recognized the crime of this case and reflects his mistake, but the defendant's crime of this case takes part in the crime of Bosing and directed other co-offenders to commit the crime. The crime of this case takes part in the crime of Bosing and guiding other co-offenders, or used the leased access media to commit the crime of fraud in trading goods, and the nature of the crime is very poor, the defendant's participation in the crime of this case is not easy, and the defendant took part in the crime of this case, even though there was a history of punishment for the same criminal record, it is highly likely to be criticized that the defendant again committed the crime of this case, even if there was a history of punishment for the same criminal record, and the damage has not been recovered until the trial of this case, and other circumstances after the crime of this case have been committed, etc.