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(영문) 서울서부지방법원 2019.10.10 2019노576
사기등
Text

The remainder of the judgment of the court of first instance and the judgment of the court of second instance excluding the compensation order and the dismissal order.

Reasons

1. The punishment sentenced by the court below (No. 10 months of imprisonment, No. 2 months of imprisonment, and No. 6 months of imprisonment) on the summary of the grounds of appeal is too unreasonable.

2. As to the order for compensation and the dismissal of the application for compensation by the second instance court, the second instance court dismissed the application for compensation by M and N, respectively.

An applicant for compensation is unable to file an objection against a judgment dismissing an application for compensation pursuant to Article 32(4) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, and the case of application for compensation in this part becomes final and conclusive immediately, so the rejection part of the above application for compensation is excluded from

Meanwhile, the second instance court accepted the application for compensation against K and L who is the applicant for compensation, and where an appeal against a conviction is filed, the order for compensation shall be transferred to the appellate court along with the defendant's case (Article 33 (1) of the Act on Special Cases Concerning the Promotion, etc. of Litigation). According to the records of this case, although the defendant filed an appeal against the second instance judgment, the defendant did not state the grounds for appeal as to the part of the order for compensation among the judgment below in the petition of appeal and the statement of grounds of appeal submitted by the above defendant, and even if ex officio is examined,

Therefore, the judgment of the second court on the above compensation order shall be maintained as it is.

3. Judgment on the grounds for appeal by the defendant ex officio shall be examined ex officio.

The first and second original judgments against the defendant were sentenced to each of them, and the defendant filed an appeal against them, and this court decided to hold concurrent hearings of each appeal against the first and second original judgment. Each of the first and second original judgments against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, one of the offenses under Article 38(1) of the Criminal Act shall be sentenced to one punishment.

Therefore, the remainder of the judgment of the court of first instance and the judgment of the court of second instance, excluding the compensation order and the dismissal of the application for compensation, is greater.

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