logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 2020.08.13 2020노607
사기등
Text

The defendant's appeal is dismissed.

The compensation order for E, an applicant for compensation, among the compensation order issued by the lower court, is as follows.

Reasons

1. Scope of the judgment of this court;

A. An applicant cannot file an objection against the judgment dismissing an application for compensation or accepting a part thereof, and where an appeal against the judgment of conviction is filed, the order for compensation is transferred to the appellate court along with the accused case because the confirmation of the order for compensation is obstructed even if no objection is raised against the order for compensation, and even if the judgment of the lower court is maintained in the appellate court, the order for compensation may be revoked or amended by the

(See Articles 33(1) and (4), and 32(4) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings.

The court below accepted in its entirety the applications of D and E among the applications for compensation filed by the applicant for compensation filed by the applicant B, C, D, E, and F, and rejected the remainder. Since the applicant cannot file an objection against the part partially cited or rejected, the part of the application for compensation filed by the applicant for compensation filed by the applicant for compensation filed by the applicant for the compensation filed by the applicant for compensation, B, and F was immediately finalized and thus excluded from the scope of the judgment of the court below.

Meanwhile, the defendant's appeal of this case is deemed to have lodged an appeal regarding the cited part of the compensation order against each applicant of the compensation order by the court below. However, even if the defendant and his defense counsel did not state the grounds for appeal regarding the cited part of the compensation order in the petition of appeal and the statement of grounds of appeal submitted by them, and even if ex officio is examined, the part excluding E (the subsequent examination) among the compensation order by the court below, which is the applicant for compensation by the court below, cannot be found to have any grounds for cancellation and modification.

2. The main point of the grounds for appeal is that the lower court’s punishment (limited to three years of imprisonment, fine of four million won, confiscation, and compensation order) is too unreasonable.

3. Determination

A. The Defendant’s judgment on the assertion of unfair sentencing is divided into one’s criminal act from the investigation stage to the trial of the case, and the Defendant was punished in excess of a fine.

arrow