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(영문) 수원지방법원 2019.08.22 2019노162
사기등
Text

The part of the judgment of the court below regarding Defendant B, excluding the dismissal of application for compensation order and the dismissal of prosecution.

Reasons

1. The defendant F (referred to as the "defendant" in this paragraph) did not submit the grounds for appeal within the due deadline for submitting the grounds for appeal. The petition of appeal filed by the defendant does not contain any statement in the grounds for appeal, and the records do not contain any reasons for ex officio investigation. Thus, a decision to dismiss the defendant's appeal in accordance with Articles 361-4 (1) and 361-3 (1) of the Criminal Procedure Act should be made, but as long as a judgment is rendered with respect to the prosecutor's appeal against the defendant, the dismissal of appeal shall not be separately decided, and shall be declared together by the judgment.

2. Determination on the grounds for appeal against the Defendants by the prosecutor

A. The summary of the grounds for appeal (for defendant B, one year and six months of imprisonment, two years of probation, probation, community service, 200 hours of probation, defendant D: Imprisonment for a year and four months of probation, two years of probation, probation, community service, 200 hours of probation, defendant F: Imprisonment for a year and six months of probation, two years of probation, two years of probation, probation, and 200 hours of community service) is too uneasy and unreasonable.

B. Judgment 1) Defendant B (referred to as “Defendant” in this subsection)

(A) The lower court rejected an application for compensation filed by an applicant 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 Promotion, etc. of Legal Proceedings, and thus, the foregoing dismissed portion is excluded from the scope of the adjudication of this court.

In addition, the lower court sentenced the Defendant to dismiss the prosecution on the grounds that the fraud of the victim H in the 2018 Highest 5726 case constitutes double-instigating actions, and sentenced the Defendant to the remainder of the charges, and the prosecutor appealed only the aforementioned guilty part, and the rejection of the prosecution became final and conclusive as it is.

Therefore, the scope of this court's adjudication is excluded from the dismissal of application for compensation order and dismissal of prosecution.

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