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(영문) 서울남부지방법원 2021.03.15 2020노2625
사기등
Text

All parts of the judgment of the court below except the compensation order shall be reversed.

Defendant shall be punished by imprisonment for a period of two years and six months.

Reasons

The lower court dismissed the applicant E’s application for compensation, and the applicant 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, etc., so the above application for compensation was immediately finalized.

Therefore, among the judgment of the court of first instance, the part which rejected the applicant E’s application for compensation is excluded from the scope of this court’s trial.

On the other hand, when an appeal against a judgment of conviction is filed, the order for compensation is not finalized even if there is no objection against the order for compensation, and the order for compensation is transferred to the appellate court (Article 33(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings), and even if the defendant appealed only to the part of the case of the defendant and did not object to the order for compensation, the part of the order for compensation against the applicant corporation B, C, D, and F, which cited the application for compensation in whole or in part, is not finalized

However, the Defendant did not assert any grounds for appeal regarding the cited portion of the compensation order issued by the lower court, and cannot find any grounds for revocation or alteration ex officio. Therefore, the part accepting the compensation order among the lower judgment of the first instance should be maintained as it is.

2. The sentence imposed by the court below (No. 1: imprisonment with prison labor for 2 years and 6 months, and imprisonment with prison labor for 4 months) is too unreasonable.

3. We examine ex officio prior to the judgment on the grounds for ex officio appeal.

The judgment of the court below in the first and second instances was rendered against the defendant, and the defendant filed each appeal against it, and this court decided to hold a joint hearing of the two appeals cases.

Each crime 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, one sentence should be imposed pursuant to Article 38(1) of the Criminal Act. Thus, the part of the judgment below of the first and second judgment excluding the compensation order.

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