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(영문) 수원지방법원 2020.08.13 2020노746
사기등
Text

The remaining parts of the judgment of the court below, excluding the rejection of an application for compensation order, and the second judgment.

Reasons

1. No applicant for the scope of adjudication of this court shall file an objection against a judgment dismissing an application for compensation order;

(Article 32(4) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings). Article 32(4) of the first instance judgment dismissed each application for compensation by the applicant for compensation, and this part of the application for compensation became final and conclusive immediately as the applicant for

Therefore, among the judgment of the court of first instance, the rejection of each application for compensation order shall be excluded from the scope of this court.

2. The punishment of each of the original judgment against the accused (the first instance judgment: imprisonment with prison labor for 2 years and confiscation, and the second instance judgment: imprisonment with prison labor for 1 year and 6 months and confiscation) is too unreasonable.

3. Each judgment of the court below on the defendant's ex officio judgment was pronounced, and the defendant appealed respectively, and this court decided to hold a joint hearing on the two cases.

However, each of the judgment below's respective crimes is concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, one punishment should be sentenced in accordance with Article 38 (1) of the Criminal Act, so each of the judgment below cannot be maintained

4. Each decision of the court below on the grounds of an ex officio reversal. Accordingly, without examining the Defendant’s assertion of unfair sentencing, the remaining parts of the judgment of the court of first instance excluding the rejection of the application for compensation order pursuant to Article 364(2) of the Criminal Procedure Act and the judgment of the court below excluding the dismissal of the application

【Grounds for the Judgment of the Supreme Court which has been written] The criminal facts and summary of evidence recognized by the court are identical to the facts constituting each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles 347(1) and 30 of the Criminal Act - Articles 347(1) and 30 of the Criminal Act - Articles 347(1), 352 and 30 of the Criminal Act (the commission of fraud and the commission of imprisonment) - Articles 225 and 30 of the Criminal Act (the commission of official document) - each of the Articles 225 and 30 of the Criminal Act.

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