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(영문) 서울중앙지방법원 2020.04.23 2019노3825
사기
Text

The part of the judgment of the court of first instance and the judgment of the court of second instance are reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

1. The first instance court, within the scope of the trial of this Court, partially accepted the application for the compensation order filed by B, an applicant for compensation (the partial acceptance of KRW 91,00,00, which is a part of KRW 182,00), and is deemed to have appealed the part of the compensation order pursuant to Article 33(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings by filing

However, without stating the grounds for appeal regarding the part of the order for compensation in the petition of appeal and the statement of grounds of appeal submitted by the defendant and his defense counsel, and even if ex officio examination is conducted, the part of the order for compensation cannot be revoked and the grounds for revision are not discovered.

On the other hand, no applicant may file an objection against the judgment dismissing an application for compensation order or admitting a part thereof.

(Article 32(4) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (Article 32(4)). 1 The first instance court cited part of an application for compensation order filed by an applicant for compensation and dismissed the remainder, which became final and conclusive immediately since the appeal cannot be filed against this part. Therefore, the part dismissing part of the application for compensation order in the

2. Summary of reasons for appeal;

A. Each sentence (the first instance court: 1 year and 8 months, and 2 months: 1 month) declared by the court below against the defendant is too unreasonable.

B. The first sentence imposed by the court below against the prosecutor is too unfortunate and unfair.

3. We examine ex officio the grounds for appeal by the Defendant and the prosecutor before determining ex officio.

The judgment of the court below against the defendant was pronounced in the first and second instances, and the defendant filed an appeal against the judgment of the court of first instance, and the court rendered a consolidated judgment against the case.

Article 38(1) of the Criminal Act provides that a single sentence shall be imposed pursuant to Article 38(1) of the Criminal Act in relation to concurrent crimes under the former part of Article 37 of the Criminal Act.

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