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(영문) 수원지방법원 2021.03.26 2020노5456
사기등
Text

The part of the judgment of the court below excluding each compensation order shall be reversed.

A defendant shall be punished by imprisonment for three years.

Reasons

The first instance court dismissed part of the applicant B’s application for compensation (the portion claiming consolation money) among the application for compensation filed by the applicant B and C, and accepted the remainder, and the second instance court dismissed all the application for compensation filed by the applicant for compensation (BA, BB, X). Since the applicant for compensation cannot file an objection against the judgment dismissing the application for compensation or accepting part of the application for compensation (Article 32(4) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, etc.), the first instance court’s dismissal part among the judgment below’s judgment and the application for compensation among the judgment of the court below’s second instance shall be excluded from the scope of this court’s adjudication immediately determined and determined.

2. The decision of the court below on the summary of the grounds for appeal (two-year imprisonment each) is too unreasonable.

3. Examination ex officio prior to the judgment on the grounds for appeal by the defendant.

The judgment of the court of first instance and the judgment of the court of second instance filed an appeal against the defendant, respectively, and the court of second instance decided to jointly examine the above two appeals cases. Since each of the offenses against the defendant in the first and second trials is concurrent offenses under the former part of Article 37 of the Criminal Act and should be sentenced to one punishment pursuant to Article 38(1) of the Criminal Act, the judgment of the court of first instance (excluding part of dismissal of part of the application for compensation order; hereinafter the same shall apply) and Article 2 (excluding part of rejection of application for compensation order; hereinafter the same shall apply) cannot be maintained.

Therefore, both the judgment of the court of first instance and the judgment of the court of second instance must be reversed (Provided, That the defendant, while appealed against the judgment of the court of first instance, did not assert any grounds for appeal regarding the part accepting an application for compensation among the judgment of the court of first instance, and even if examining ex officio, the grounds for revoking or amending the part concerning the order for compensation among the judgment of the court of first instance cannot be found, and therefore, the part concerning the order for compensation against the defendant among the judgment of the court of first instance except the part concerning

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