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(영문) 춘천지방법원 2020.04.10 2019노1031
사기
Text

Each judgment of the court below shall reverse all the part of the defendant's case.

Defendant

A Imprisonment with prison labor of two years and four months, and Defendant B.

Reasons

1. Scope of the judgment of this court;

A. The first instance judgment rejected the application for compensation filed by D, an applicant for compensation.

According to Article 32(4) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, an applicant for compensation cannot appeal a judgment dismissing the application.

Since the part of the judgment of the court of first instance dismissing an application for compensation order has already been finalized, it shall be excluded from the object of adjudication.

B. Meanwhile, the first instance judgment accepted the application for compensation against the Defendant C and E, the applicant for compensation, and the second instance judgment accepted the application for compensation against the Defendant AV, the applicant for compensation.

Where an appeal is filed against a conviction, the confirmation of a judgment on a compensation order shall be prevented, and the part thereof shall be transferred to the appellate court together with the accused case, even if there is no objection to the compensation order.

However, while Defendant A appealed against the judgment of the court below of first and second, did not claim any grounds for appeal regarding the cited part of the compensation order, and there are no grounds for revocation and alteration ex officio, the cited part of each judgment of the court below should be maintained as they are.

2. Summary of grounds for appeal;

A. Defendants A(A) misunderstanding of facts or misunderstanding of legal principles by Defendant A(A) or the Defendant merely committed an act of deceiving his or her assistants or under intimidation against his or her parents.

B) In the case of the misconception of facts or the misunderstanding of legal principles as to Defendant B’s fraud against Defendant AY, each of the lower court’s punishments (the first instance court’s sentence: 2 years of imprisonment, confiscation, and second instance: 4 months of imprisonment) on the grounds of unfair sentencing, the Defendant applied for Internet and TV services in cash with two prior names, but did not pay usage fees due to lack of circumstances. (b) Each of the lower court’s punishments (the first instance court’s sentence: 1 year and 6 months of imprisonment, confiscation, and 2 months of imprisonment) on the Defendant (the second instance court’s imprisonment) on the ground that it is too unreasonable.

(b).

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