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(영문) 의정부지방법원 2020.02.07 2019노2430
사기등
Text

The judgment below

Of them, the part on Defendant B, C, and L (excluding the part on the compensation order and the rejection of the application for compensation order).

Reasons

1. Scope of adjudication of this court;

A. The court below found Defendant B guilty of fraud, alteration of official document, use of altered official document, fraud against Defendant C, fraud against Defendant J and L, fraud against Co-Defendant D of the court below, alteration of official document, use of altered official document, and fraud against Co-Defendant D of the court below, alteration of official document, use of altered official document, and fraud against Co-Defendant E of the court below, and fraud against Co-Defendant F, G, A, H, I, and K of the court below's Co-Defendant F, G, H, I, and it found Defendant not guilty on the grounds of fraud against Co-Defendant A of the court below's Co-Defendant of the court below's judgment. The court below found Defendant guilty on the charge of fraud against Co-Defendant A, which

As to this, Defendant B, C, J, and L appealed against each of the above guilty charges, and the rest of the original trial and the prosecutor did not appeal.

Therefore, among the judgment below, the parts of the judgment of the court below against F, G, A, H, I, and K are separated and confirmed, and the scope of the judgment of this court is limited to the parts against Defendant B, C, J, and L among the judgment of the court below.

B. Meanwhile, in a case where an appeal against a conviction is filed, the determination of a compensation order is interrupted even without an objection to the compensation order, and the compensation order is transferred to the appellate court along with the Defendant’s case (Article 33(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings). In addition, the applicant cannot appeal against the judgment dismissing the application for compensation or admitting

(Article 32(4) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings. The court below accepted the application for compensation order by M, the applicant for compensation against Defendant B, accepted the application by N, the applicant for compensation against Defendant C, and rejected the application for compensation order by M, the applicant for compensation against Defendant C.

According to this, since an applicant cannot file an objection against the dismissed portion, the above dismissed part is immediately determined and excluded from the scope of the adjudication of this court, and each of the above compensation orders is cited.

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