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(영문) 부산고등법원 2019.08.29 2019노15
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

All the judgment of the court below (excluding the part of rejection of an application for a compensation order and compensation order) shall be reversed.

Defendant shall be punished by imprisonment.

Reasons

1. Summary of grounds for appeal;

A. The punishment (the first instance court: the imprisonment of 3 years and 6 months, and the second instance court: the imprisonment of 4 years) that the lower court sentenced to the Defendant is too unreasonable.

B. The prosecutor’s second instance court’s sentence (one year of imprisonment) imposed on the Defendant is too unfasible and unfair.

2. The first instance court rejected the application for compensation filed by the applicant for compensation filed by B and E, dismissed each application for compensation filed by the applicant for compensation filed by C and D, and the second instance court dismissed all the application for compensation filed by the applicant for compensation filed by the 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 is unable to file an appeal against the judgment dismissing the application for compensation. Therefore, the part rejecting the application for compensation was immediately finalized.

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

Meanwhile, the part of the compensation order pursuant to Article 33(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings by filing an appeal against the judgment of the court of first instance, shall be deemed to have also been appealed. However, in the petition of appeal and the statement of grounds of appeal submitted by the defendant and his/her defense counsel, there is no indication in the grounds of appeal regarding the part of the compensation order among the judgment of the court of first instance. Even if ex officio is examined,

3. We examine ex officio prior to the judgment on the grounds for appeal by the defendant and prosecutor.

The first and second original judgments were rendered against the defendant, and the defendant filed an appeal against both the first and second original judgments, and the prosecutor filed an appeal against the second original judgment, and the court decided to jointly examine each of the above appellate cases.

Each of the judgment below against the defendant shall be sentenced to a single punishment in accordance with Article 38(1) of the Criminal Act in relation to concurrent crimes under the former part of Article 37 of the Criminal Act.

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