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(영문) 수원지방법원 2020.04.10 2019노5574
사기등
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 found the Defendant guilty of the facts charged, and rejected the application for compensation order by the applicant for compensation.

However, according to Article 32 (4) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, an applicant for compensation fails to file an appeal against a judgment dismissing the application for compensation order. Therefore, the rejection part of the above application for compensation order

Therefore, among the judgment of the court of first instance, the rejection of an application for compensation order is excluded from the scope of adjudication of this court.

2. Summary of grounds for appeal;

A. Each sentence of the lower court (No. 1 and 2 years of imprisonment and confiscation, 2 years of imprisonment with prison labor of the lower court, and 1 and 6 months of imprisonment with prison labor of the lower court, and confiscation) is too unreasonable.

B. The first instance court’s sentence of the Prosecutor is too unhued and unreasonable.

3. The Defendant filed an appeal against all of the judgment below, and this court decided to hold a joint hearing of two appeals cases.

Since each crime of the judgment below is one of the concurrent crimes under the former part of Article 37 of the Criminal Act and the sentence should be imposed in accordance with Article 38(1) of the Criminal Act, the conviction part of the judgment of the first and the judgment of the second court cannot be maintained as it is.

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, 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 excluding the dismissed portion of the application for compensation order among the judgment of the court of first instance excluding the dismissed portion of the application for compensation order pursuant to Article 364

【The remaining parts of the judgment of the court of first instance excluding the dismissal of the application for compensation order, and the reasons for the judgment of the court of second instance excluding the dismissal of the application for compensation order 】 Criminal facts and summary of evidence recognized by the court of second instance - Article 369 of the Criminal Procedure Act - since

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