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(영문) 수원지방법원 2019.11.22 2019노5131
사기
Text

The defendant's appeal is dismissed.

All applications for remedy order for the trial of the applicant for remedy shall be dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for 10 months) of the lower court is too unreasonable.

2. Determination

A. According to the arguments and records in the instant case regarding the Defendant’s assertion, the lower court appears to have reasonably decided by fully considering the various grounds for sentencing alleged by the Defendant, and there is no special circumstance to ex post facto change the sentencing.

B. According to Article 32(4) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings as to Application for Compensation Order at the trial, an applicant cannot raise an objection against the judgment dismissing an application for compensation or partially accepting the application, and may not file the same application for compensation again. The applicant for compensation, even though he/she filed an application for compensation at the court below but rejected it for the reason that the scope of liability for compensation is not clear, the appellate court again filed

Therefore, the application for compensation order filed by the applicant for compensation is all unlawful.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, and all applications for compensation order by the applicant for compensation pursuant to Article 32 (1) 1 and 32 (2) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings are dismissed.

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