logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2020.09.24 2020노179
사기등
Text

All parts of the judgment of the first and second court and the judgment of the third court, excluding the compensation order, shall be reversed.

Reasons

1. The court below's punishment against the defendant in summary of the grounds for appeal (the court below's judgment: 2018 highest 2854, 2018 highest 3460, 2018 highest 387, 2018 highest 39 highest 368, 2019 highest 3653, 2019 highest 3653, 2019 highest 3694, 2019 highest 4177): Imprisonment with prison labor for two years, 2019 highest 36 months, 300 highest 419 highest 2019 highest 818 highest 200, 2019 highest 818 highest 3: Imprisonment with prison labor for each crime, 2019 highest 419 highest 20, 2019 highest 818 highest 391).

2. The third court below accepted the application for compensation by the applicant for compensation, and the defendant did not assert any grounds for appeal against this part, and even if ex officio is examined, the grounds for revocation or alteration cannot be found. Thus, the part of the court below's second court's judgment citing the compensation order shall maintain it as it is.

3. The defendant filed an appeal against each judgment of the court below that held ex officio following the consolidation, and this court made a decision to consolidate each case.

Of the judgment of the court below in Article 1, 2018 Highest 2854, 2018 Highest 3460, Highest 2018 Highest 3878, Highest 2018 Highest 3961 and the judgment of the court below in Article 38(1) of the Criminal Act, each of the crimes under the former part of Article 37 of the Criminal Act shall be sentenced in accordance with Article 38(1) of the Criminal Act, among the crimes under Articles 2018 Highest 2018 Highest 2054, Highest 2018 Highest 2018 Highest 337, Highest 2019 Highest 368, Highest 2019 Highest 368, Highest 2019 Highest 4, Highest 2019 Highest 417, among the judgment of the court below in the first instance, the remainder of the judgment below excluding compensation order cannot be maintained.

4. Accordingly, the judgment of the court below is on the ground of ex officio reversal, and without examining the Defendant’s assertion of unfair sentencing, the remaining parts of the judgment of the court below 1, 2 and 3 pursuant to Article 364(2) of the Criminal Procedure Act are all excluded from the compensation order.

arrow