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(영문) 서울남부지방법원 2021.01.28 2020노566
공문서위조등
Text

The part of the judgment of the court below excluding the application for compensation order and the judgment of the court below 2 and 3 shall be reversed.

Defendant .

Reasons

1. The defendant asserts that the defendant's punishment of the court below (the first instance court: imprisonment of two years and eight months, the second instance court: imprisonment of one year, and the third instance court: imprisonment of one year) is too unreasonable and unfair, and the prosecutor asserts that it is too unfasible and unfair.

2. Ex officio determination

A. Prior to the judgment on the grounds for concurrent appeal, prior to the judgment on the grounds for appeal, the judgment of the court below cannot be maintained on the ground that each of the above offenses against each of the defendants constitutes concurrent crimes under the former part of Article 37 of the Criminal Act, since each of the offenses against each of the court below constitutes concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, a sentence should be imposed within the scope of punishment aggravated for concurrent crimes pursuant to Article 38(1) of the Criminal Act.

B. Where an appeal against a conviction of a compensation order against an applicant B among the judgment of the court of first instance is filed, the compensation order shall be transferred to the appellate court together with the case of the defendant, and even where the judgment of the court of first instance is maintained in the appellate court, the compensation order may be revoked or revised

According to the records, the applicant B for the first instance judgment can be recognized as having reached an agreement with the defendant in the first instance after the decision of the court below was made. Therefore, the existence or scope of the defendant's liability for damages is not clear.

Therefore, the part of the judgment of the court of first instance regarding the application for compensation order shall be revoked, and the application for compensation order by the applicant for compensation shall be dismissed.

3. In conclusion, the part of the judgment of the court of first instance excluding the application for compensation order, and the judgment of the court of first instance 2 and 3 are reversed ex officio as above. Thus, without examining the unfair argument of sentencing between the defendant and the prosecutor, the part of the judgment of the court of first instance excluding 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 application for compensation order, and the judgment of the court of first instance excluding the judgment of the court of first instance

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