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(영문) 전주지방법원 2020.11.26 2020노1100
사기등
Text

Of the judgment of the court below, the compensation order and the dismissal of the application for compensation against B of the judgment of the court of first instance, and theO of the judgment of the court of second instance.

Reasons

1. Scope of adjudication of this court;

A. An applicant cannot file an objection against the judgment dismissing an application for compensation or accepting a part thereof, and where an appeal against the judgment of conviction is filed, the order for compensation is transferred to the appellate court along with the accused case because the confirmation of the order for compensation is obstructed even if no objection is raised against the order for compensation, and even if the judgment of the lower court is maintained in the appellate court, the order for compensation may be revoked or amended by the

(See Articles 33(1) and (4), and 32(4) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings.

The first instance court rejected the remainder after partially accepting the application for compensation filed by B, and the second instance rejected the remainder after partially admitting the application for compensation filed by O as the applicant for compensation. The second instance rejected the remainder. Since the applicant cannot file an objection against the part partially quoted or rejected, the part of rejection or rejection of the application for compensation filed by each of the above applicants for compensation in the lower judgment became final and conclusive immediately, it is excluded from the scope of adjudication of this court.

C. Meanwhile, it is deemed that the Defendant lodged an appeal regarding the cited portion of the order for compensation against each applicant for compensation filed by the first and second court below as the Defendant’s filing of the appeal in this case. However, the appeal filed by the Defendant and his defense counsel did not state the grounds for appeal regarding the cited portion of the order for compensation among the judgment below in the petition of appeal and the appellate brief submitted by the Defendant and their defense counsel, and even if ex officio examination is conducted, the part of the order for compensation in the first and second court

2. Summary of grounds for appeal;

A. The original judgment of the court of first instance (one year and six months of imprisonment) is too unreasonable.

B. Article 2 (1) of the lower court’s judgment 1) The lower court’s sentence (six months of imprisonment) is too unfilled and unreasonable. (2) The Defendant filed an appeal against the lower court’s second instance judgment on September 11, 2020, and then served a written notification of the receipt of the trial records from this court on September 29, 2020, and on September 29, 2020.

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