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(영문) 부산지방법원 2015.08.28 2015노1077
사기
Text

The judgment of the court below of first instance except for a compensation order and the judgment of the court of second instance shall be reversed.

Defendant .

Reasons

1. The main reasons for appeal are as follows: each sentence (No. 1 year and April, and No. 2: imprisonment of 4 months) declared by the court below to the defendant is too unreasonable.

2. This Court decided to hold a joint hearing of each appeal case against the judgment of the court of first instance and the judgment of the court of second instance. On the other hand, each of the offenses against the defendant is a concurrent offense relationship under the former part of Article 37 of the Criminal Act, and shall be sentenced to a single sentence within the scope of a limited term of punishment pursuant to Article 38(1) of the Criminal Act. In this regard, the remaining parts of the judgment of the court of first instance except the compensation order portion among the judgment of the court of second instance and the judgment of the court of second instance cannot

On the other hand, when an appeal against a conviction is filed, the confirmation of a compensation order shall be prevented, and the compensation order shall be transferred to the appellate court together with the accused case, and the part of the compensation order among the judgment of the court of first instance shall be examined ex officio.

The court below held that "The defendant's application for each compensation order of C20,000 won, 30,000 won, 250,000 won, 40,000 won, 250,00 won, 350,000 won, 350,00 won, 50,000 won, 20,000 won, 20,000 won, 20,000 won, 20,000 won, 20,000 won, 20,000 won, 20,00 won, 20,000 won, 20,00 won, 20,00 won, 350,00 won, 20,00 won, 350,00 won, 20,00 won, 350,000 won, 20,00 won, 35,005, 205, 201, 36,05, 265, etc.

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