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(영문) 대구지방법원 2020.02.07 2019노3275
사기
Text

The part of the judgment of the court below, excluding the dismissed part of the application for compensation, and the compensation order part among the judgment of the court of second.

Reasons

1. The main text of the grounds for appeal is that the respective punishment of the lower court (the 2 years of imprisonment with prison labor for the first instance court, and the 2 months of imprisonment for the second instance court) is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal.

The judgment of the court below was rendered against the defendant, and the defendant filed each appeal against the judgment of the court below, and the court decided to jointly examine the above appeal cases.

However, the first instance court rejected B’s application for compensation, which is an application for compensation in the case of applying for compensation order 2019 early 1108, and since an applicant for compensation is unable to file an objection against the judgment dismissing the application for compensation pursuant to Article 32(4) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, the above application for compensation became final and conclusive immediately. Therefore, the dismissal part of the first instance judgment in the above application for compensation is excluded from

However, since each crime of the judgment below against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act, one punishment should be imposed pursuant to Article 38(1) of the Criminal Act, the part of the judgment of the court of first instance excluding the dismissed part of the application for compensation and the part of the judgment of the court of second instance excluding the order

3. The part of the judgment of the court of first instance excluding the dismissed part of the application for compensation and the part of the judgment of the court of second instance excluding the compensation order part among the judgment of the court of second instance excluding the above dismissed part of the judgment of the court of first instance excluding the dismissed part of the application for compensation among the judgment of the court of first instance under Article 364(2) of the Criminal Procedure Act excluding the compensation order part among the

[Judgment used again as to the reversal] Criminal facts and summary of evidence recognized by the court is identical to the facts constituting the offense and summary of evidence, and the summary of evidence is identical to that of the judgment below. Thus, it is in accordance with Article 369 of the Criminal Procedure Act.

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