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(영문) 의정부지방법원 2020.05.08 2019노3231
사기등
Text

The part of the judgment of the court of first instance excluding a compensation order and the judgment of the court of second instance shall be reversed.

The defendant shall be sentenced to one year of imprisonment.

Reasons

1. In a case where an appeal against a judgment of conviction in the scope of a trial by this Court is filed, the confirmation of a compensation order is prevented even without an objection to the compensation order, and the compensation order is 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). Article 1 of the lower court accepted the application of B, which is the applicant for compensation, and the Defendant did not assert any grounds for appeal against this part, and even if ex officio examination, it cannot find any grounds for revocation or alteration thereof. Thus, the part that cited the compensation order

2. The summary of the grounds for appeal (No. 1 year of imprisonment with prison labor for the first instance court, and No. 2 month of imprisonment with prison labor for the second instance court) is too unreasonable.

3. The Defendant filed an appeal against all of the judgment below, and this court decided to hold a joint hearing of two appeals cases.

Since each crime of the judgment below is a concurrent crime under the former part of Article 37 of the Criminal Act, one punishment should be imposed in accordance with Article 38(1) of the Criminal Act, the part of the judgment of the court of first instance excluding compensation order and the judgment of the court of second instance excluding compensation order cannot

4. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act and Article 2 of the judgment of the court below with the exception of compensation order among the judgment of the court of first instance pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing

[The part of the judgment of the court of first instance excluding the compensation order and the reasons for the judgment of the court of second instance excluding the compensation order ] Criminal facts and the summary of evidence acknowledged by this court ] The summary of criminal facts and evidence in the judgment of the court of second instance excluding the compensation order see Article 369 of the Criminal Procedure Act excluding the deletion of "AH" in the 3th 5th 9th 14th 3th 14th 3th 14th 2019.

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