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(영문) 부산지방법원 2021.02.02 2020노2768

사기등

Text

The judgment of the court below in 1 and 3 and the judgment of the court below in 2020 is excluded from the part against the defendant of the second judgment.

Reasons

In a case where an appeal against a judgment of conviction in the scope of adjudication in this Court is filed, the confirmation of a compensation order is prevented even without an objection to the compensation order, and the compensation order is transferred to the appellate court (Article 33(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings). Moreover, the applicant cannot file an appeal against the judgment dismissing an application for compensation or accepting part of the application for compensation (Article 32(4) of the same Act). Article 32(2) of the same Act of the court below accepted the application of each compensation order by the applicant, and the third court rejected the application of each compensation order by the applicant R, S, T, V,W, Y, AB, AD, AE, AF, and AC, and the third court dismissed the application of each compensation order by the applicant, U, X, Z, AA and AC.

3 Since the part which was dismissed or not accepted by the applicants for compensation in each of the applications filed by the lower court was immediately finalized, it shall be excluded from the scope of the trial in this Court.

Meanwhile, pursuant to Article 33(1) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits by filing an appeal against the judgment below, the part of admitting the compensation order against the applicants for the compensation order by the court below Nos. 2 and 3 pursuant to Article 33(1) shall be deemed to have also been appealed. However, although the defendant and his defense counsel did not state the grounds of appeal regarding the cited portion of the compensation order among the judgment below submitted by the defendant and his defense counsel, and even if ex officio examination is conducted, the grounds of cancelling or changing the cited portion of the above judgment of the court below cannot be found. Thus

2. Each sentence sentenced to the first, second, and third original judgment [the second sentence: imprisonment with prison labor for eight months and second sentence: the second sentence: the imprisonment for two months and six months and the third sentence with prison labor for the remaining crimes] of the first sentence (the second sentence (2020 order 27 parts): 1 of the judgment] is too unreasonable.

3. Examination of the reasons for appeal ex officio (as to the part remaining after the second instance except the part above 2020 order 27 of the second instance), prior to the judgment on the reasons for appeal, the defendant shall be examined ex officio.