logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2021.01.14 2020노4058
공문서위조등
Text

The remainder of the judgment of the court of first instance, excluding the compensation order, and the application for compensation order, among the judgment of the court of second instance.

Reasons

1. The court of first instance of the first instance of the instant court’s decision regarding the scope of the adjudication in the instant court’s first instance court cited each applicant’s application for compensation, and the Defendant is deemed to have appealed the part of the compensation order pursuant to Article 33(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings by filing an appeal against the lower court’s judgment. The Defendant and his defense counsel did not indicate the grounds for appeal regarding this part of the petition of appeal and the reason for appeal submitted by the defense counsel, and even if ex officio examination, it cannot find the grounds for revocation or alteration

Meanwhile, the applicant for compensation is unable to 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 court of first instance of the second instance of the judgment dismissing the application for compensation order by the applicant for compensation. This part of the judgment below's rejection of the application for compensation order within the scope of the judgment of this court is excluded.

2. Summary of grounds for appeal;

A. The punishment of each judgment of the court below against the defendant (the collection of the punishment of imprisonment with prison labor for a period of two years, and the punishment of imprisonment with prison labor for a period of two years) is too unreasonable.

(b) The first original judgment decision against the Defendant by the Prosecutor is too unhued and unfair.

3. After the judgment of the court below on the defendant's ex officio decision was rendered, there was an appeal against it, and this court decided to hold two cases together for a trial.

In this regard, each of the judgments of the court below is in a concurrent crime relationship under the former part of Article 37 of the Criminal Act, and thus a single sentence should be imposed pursuant to Article 38(1) of the Criminal Act, so the judgment of the court of first instance cannot be maintained as it is.

4. Each decision of the court below is reversed ex officio, and each decision of the court below (a compensation order) is made in accordance with Article 364 (2) of the Criminal Procedure Act without examining the error of sentencing by the defendant and the prosecutor.

arrow