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(영문) 의정부지방법원 2020.02.06 2019노2324
사기등
Text

The remainder of the judgment of the court of first instance, excluding the rejection of an application for compensation order and compensation order, and the second judgment.

Reasons

1. Where an appeal against a judgment of conviction in the scope of adjudication by this Court is filed, the confirmation of a compensation order shall be prevented, and a compensation order shall be transferred to the appellate court along with the accused case (Article 33(1) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings). In addition, an applicant may not file an appeal against the judgment dismissing an application for compensation or admitting a part thereof.

(Article 32(4) of the same Act. The first instance court accepted the entire application for the compensation order of ICT and AV, which is the application for compensation, and rejected all the application for the compensation order of AU and AW.

As above, the applicant cannot file an objection against the rejection of the application for compensation order, so the above rejection part becomes final and conclusive immediately. Thus, in the first instance judgment, the rejection part of the above application for compensation is excluded from the scope of the adjudication of this court.

Meanwhile, pursuant to Article 33(1) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, the defendant filed an appeal against the first instance judgment, and deemed that the cited part of the compensation order for AT and AV, an applicant for compensation, has 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, the grounds for appeal regarding the cited part of the first instance judgment are not indicated in the grounds for appeal, and even if ex officio examination is conducted, the part of the first instance judgment concerning the cited part

2. The sentence (the first instance court: imprisonment with prison labor for a year and April, and the second instance court: imprisonment with prison labor for a period of eight months) declared by the lower court is too unreasonable.

3. Prior to the judgment on the grounds for appeal by the defendant ex officio, the appeal case against the decision of the court below was consolidated. Each of the crimes in the judgment of the court below against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act and is a single sentence within the scope of the term of punishment increased by concurrent crimes in accordance with Article 38(1) of the Criminal Act.

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