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(영문) 춘천지방법원 2020.08.26 2019노701

사기

Text

The judgment below

Part of the compensation order, except the compensation order, shall be reversed.

Defendant shall be punished by a fine of three million won.

Defendant.

Reasons

In a case where an appeal against a judgment of conviction in the scope of adjudication by this court is filed, the compensation order is 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). Therefore, the part which the court below accepted the application for compensation order by the applicant for compensation by both parties is not finalized and the

However, the defendant did not claim any specific grounds for appeal regarding the cited part of the compensation order by the court below, and there is no ground for revocation or alteration of the cited part of the compensation order by the court below ex officio. Thus, it should be maintained as it is.

2. Summary of grounds for appeal;

A. The Defendant did not submit the grounds of appeal within the deadline for submitting the grounds of appeal, and the petition of appeal does not contain any grounds for appeal.

(B) However, the court below did not decide the dismissal of the appeal on the ground of ex officio reversal as follows.

The punishment of the lower court (a fine of three million won) shall be too unhued and unreasonable.

3. According to the judgment of the court below and the evidence duly adopted and examined by this court, the defendant was sentenced on August 14, 2018 to one year of the suspension of the execution of imprisonment with prison labor for six months (2018 high group 294, 584 (Merger) at the Chuncheon District Court (2018 high group 294, 584)) on August 22, 2018. The above judgment was finalized on August 22, 2018. ② on October 2, 2019, the defendant was sentenced to two years of suspension of the execution (2019 high group 594, 698 (Merger)) on October 11, 2019.

After the crimes falling under each of the crimes in the judgment of the court below were committed by the defendant, the above two final judgments were made, and the crimes of each of the above two final judgments in the judgment of the court below are concurrent crimes under the latter part of Article 37 of the Criminal Act with regard to each of the above crimes under the latter part of Article 39 (1) of the Criminal Act, and punishment shall be imposed in consideration of equity

(see Supreme Court Decision 2008Do209, Oct. 23, 2008). However, the lower court.