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(영문) 창원지방법원 2019.09.18 2019노654
사기
Text

The remaining parts of the judgment of the court below, excluding the rejection of an application for compensation order, and the second judgment.

Reasons

1. The first instance court dismissed the application for K’s compensation order, the applicant for compensation, in the appellate court’s trial scope.

An applicant for compensation cannot 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 foregoing dismissed portion shall be excluded from the scope of the appellate court’s

2. Reasons for appeal:

A. The punishment of the lower court (the first instance court: 2 years, and the second instance court: 4 months) Nos. 1 and 2 (the first instance court’s imprisonment) is too unreasonable.

B. The second sentence of the court below (as to the judgment of the court below of the second instance) is too unfilled and unfair.

3. The first and second court rendered a judgment after completing a separate hearing against the defendant respectively. The defendant filed an appeal against the first and second court's judgment against the second court's judgment, and the prosecutor filed an appeal against the second court's judgment, and the appellate court decided to hold the above two appeals jointly.

The crime of the lower judgment against the Defendant is one of the concurrent crimes under the former part of Article 37 of the Criminal Act, and should be sentenced to a single sentence within the scope of the term of punishment aggravated for concurrent crimes pursuant to Article 38(1) of the Criminal Act. As such, the remainder of the lower judgment excluding the dismissed portion of the application for compensation order among the lower judgment 1, and

4. As such, the remaining part of the judgment of the court of first instance excluding the dismissed portion of the application for compensation order among the judgment below excluding the dismissed portion of the application for compensation order, and the judgment of the court of second instance excluding the dismissed portion of the application for compensation order among the judgment of the court of first instance pursuant to Article 364(2) of the Criminal Procedure Act excluding the dismissed portion of the application for compensation order

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the appellate court is the same as that of each corresponding column of the judgment below.

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