A. Violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud)

(b) Fraud;

A

Defendant

Attorneys Fire-fighting (National Election)

B A.

Seoul High Court Decision 2019No1712 Decided February 6, 2020

April 3, 2020

The appeal is dismissed.

Of the judgment of the court below, "shall reverse the original judgment" shall be corrected to "shall reverse the part except the compensation order from among the original judgment".

We examine the grounds of appeal.

According to Article 383 subparagraph 4 of the Criminal Procedure Act, only a case on which death penalty, imprisonment with or without prison labor for an indefinite term or for not less than ten years has been pronounced, an appeal may be filed on the ground that the judgment of the court below had influenced

Therefore, in this case where a more minor sentence is rendered against the defendant, the court below's failure to make an incomplete deliberation, violation of the rules of evidence, and substantial fact-finding based on the judgment of the court below on the selection of evidence and probative value of evidence, or the misapprehension of the legal principle based on the facts found by the court below cannot be a legitimate ground for appeal. Therefore, the appeal is dismissed pursuant to Article 380 (2) of the Criminal Procedure Act, and it is evident that there is an error of omitting the entry of the part of the order for compensation in the court of first instance in accordance with Article 25 (1) of the Rules on Criminal Procedure. Thus,

April 3, 2020

Justices Kim Jae-hwan

Justices Noh Jeong-chul

Chief Justice Noh Jeong-hee