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(영문) 서울북부지방법원 2021.02.16 2020노1131
사기등
Text

The judgment of the court of first instance (excluding the dismissal of an application for compensation order) and the judgment of the court of second instance shall be reversed in entirety.

Defendant shall be punished by imprisonment.

Reasons

1. The first instance court dismissed all of the applicants for compensation order, and the applicants for compensation cannot file an objection against the judgment dismissing the application for compensation pursuant to Article 32(4) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings. Therefore, the rejection of the above application for compensation order became final and conclusive immediately.

Therefore, among the judgment of the court of first instance, the rejection of an application for the above compensation order is excluded from the scope of adjudication of this court.

2. The summary of the grounds for appeal, each of the judgment of the court below (the first instance court: imprisonment with prison labor for three years and fines for three hundred thousand won, and imprisonment with prison labor for three months) declared by the defendant, is too unreasonable, and the defendant argued that the defendant was erroneous in the initial facts on the grounds of appeal against the judgment of the court of first instance, but the defendant clearly withdrawn it on the second trial date and argued only unfair sentencing.

3. The judgment of the court below in the first and second instances was rendered to the defendant, and the defendant appealed against each of the above judgment of the court below, and this court decided to hold a joint hearing of the appeal case.

Therefore, each of the crimes of the first and second judgment decisions rendered by the Defendant is concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, one sentence should be imposed pursuant to Article 38(1) of the Criminal Act. In this respect, the first and second judgment of the court below cannot be maintained in its entirety.

4. As such, the remaining parts of the judgment of the court below No. 1, excluding the dismissed portion of the application for compensation order, and the judgment of the court below No. 2, excluding the dismissed portion of the application for compensation order, are reversed ex officio as seen earlier, and the judgment of the court below No. 1 (excluding the dismissed portion of the application for compensation order) and the judgment of the court below No. 2, and the judgment of the court below are reversed and they are

【Grounds for another judgment】 Facts constituting an offense and summary of evidence recognized by the court, and summary of evidence relevant thereto are relevant to the original judgment.

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