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(영문) 서울서부지방법원 2020.10.22 2020노303
사기등
Text

Part of the first and second original judgment of conviction shall be reversed, respectively.

A defendant shall be punished by imprisonment for not less than two years and four months.

Seized No. 1.

Reasons

1. Scope of the deliberation of the political party;

A. Of the first and second original judgments, an applicant for compensation excluded from the rejection of an application for compensation order cannot file an objection against the judgment dismissing the application for compensation order (Article 32(4) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings), and the case applying for compensation order shall become final and conclusive immediately.

The first instance court rejected the application for compensation of E, and the second instance court rejected the application for compensation of the CJ, which is the application for compensation, and immediately became final and conclusive as it is impossible to file an objection against this part. Therefore, the foregoing dismissed part of the first and second lower judgment is excluded from the scope of the adjudication of this court.

Meanwhile, the first instance court accepted C and D’s application for compensation, and pursuant to Article 33(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, when an appeal against conviction is filed, the order for compensation is transferred to the appellate court along with the defendant’s case, and thus, the part of the order for compensation in the first instance judgment is deemed to have been appealed.

However, there is no statement in the petition of appeal and the statement of grounds of appeal submitted by the defendant about the compensation order, and even if it is examined ex officio, there is no reason to revoke or revise it.

Therefore, the order for compensation in the first judgment is maintained as it is.

B. Of the judgment of the first instance, the first instance court acquitted the victim FF, G, and H on the fraud, and the prosecutor did not appeal this part.

Therefore, this part is excluded from the scope of this Court's trial because it is separated and finalized.

2. The summary of the grounds for appeal (the first instance court: Imprisonment with prison labor for two years and the second instance court: imprisonment with prison labor for ten months) of the lower court is too unreasonable;

3. Prior to the judgment on the grounds for appeal, the first and second first and the second judgments were rendered on the defendant, and the defendant filed an appeal against them, respectively, and the court decided to concurrently deliberate on the above two appeals cases. Of the first and second judgments on the defendant, the first and second judgments on the defendant are rendered.

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