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(영문) 부산지방법원 2021.02.02 2020노3590
사기등
Text

Of the judgment of the court below, the part against the defendant (excluding the dismissal of compensation order and the cited part) shall be reversed.

Defendant .

Reasons

The first instance court dismissed the applicant’s application for each compensation order, and the applicant for compensation cannot file an objection against the trial dismissing the application for compensation pursuant to Article 32(4) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings. Therefore, each of the above applications for compensation cannot be immediately finalized, and accordingly, the part of rejection of each of the above applications for compensation among the judgment of the first instance court is excluded from the scope of the adjudication of this court.

The second court accepted each application for compensation order filed by the applicant for compensation, and the defendant shall be deemed to have lodged an appeal against the second court's judgment pursuant to Article 33 (1) of the Act on Special Cases concerning the Promotion, etc. of Litigation, etc. by filing an appeal against the court below.

However, even if the defendant and his defense counsel did not state the grounds for appeal regarding the part of the order for compensation in the petition of appeal and the statement of reasons for appeal submitted, and even if ex officio examination, each order for compensation by the second instance court cannot find the grounds for cancellation and modification, and it shall

2. The decision of the court below on the gist of the reasons for appeal (the first instance court: imprisonment of two years; imprisonment of eight months; imprisonment of eight months) is too unreasonable.

3. Prior to the judgment on the grounds of ex officio appeal, the judgment of the court below Nos. 1 and 2 against the defendant was rendered, and the defendant filed an appeal against them, and this court decided to hold concurrent hearings of each of the above appeal cases. Each of the crimes of the first and second judgment against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act, and thus a single sentence should be imposed in accordance with Article 38(1) of the Criminal Act. Thus, each of the above judgment of the court below cannot be maintained.

4. Accordingly, the judgment of the court below is reversed ex officio. Thus, the part of the judgment of the court below against the defendant (excluding the rejection of compensation order and the cited part) pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing.

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