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(영문) 서울남부지방법원 2020.11.17 2020노1271
사기등
Text

The part of the judgment of the court of first instance excluding compensation order among the part against Defendant A and the judgment of the court of second instance.

Reasons

Summary of Grounds for Appeal

The first and second court accepted each application for compensation order against Defendant A, and it shall be deemed that Defendant A and the Prosecutor appealed each of the above compensation order parts pursuant to Article 33(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings by filing an appeal against the judgment of the first instance against Defendant A.

However, in the petition of appeal and the statement of grounds of appeal submitted by Defendant A and the Prosecutor, each of the judgment below does not state the grounds for appeal regarding the compensation order portion, and even if examined ex officio, it cannot find any grounds to revoke or revise the part concerning the compensation order portion among the judgment below. Therefore, each

On the other hand, the first instance court rejected the application for compensation order against Defendant B, and the applicant cannot file an objection against the judgment dismissing the application for compensation order (Article 32(4) of the Act on Special Cases Concerning the Promotion, etc. of Litigation), and since this part was immediately finalized, the part of the first instance court's rejection of the application for compensation order against Defendant B in the judgment below is excluded from the scope of the

A. Defendants’ unreasonable sentencing (Defendant A: Imprisonment with prison labor for two years and six months, confiscation, compensation order, second instance court - imprisonment for one year and six months, compensation order, Defendant B: Imprisonment with prison labor for one year and six months, one year and six months, and confiscation)

B. Public prosecutor (as to the judgment of the court of first instance): Imprisonment with prison labor for 2 years and 6 months, confiscation, compensation order, Defendant B- Imprisonment with prison labor for 1 years and 6 months, confiscation)

2. We examine ex officio prior to the judgment on the grounds for appeal (for Defendant A), prior to the judgment on the grounds for appeal. The court below rendered a separate judgment on each of the offenses against Defendant A, but the court below held concurrent trials and tried at the same time. Each of the offenses is concurrent offenses under the former part of Article 37 of the Criminal Act, and a single sentence shall be imposed upon the judgment in accordance with Article 38(1) of the Criminal Act. In this regard, each of the judgment below cannot be maintained any more.

3. Defendant B.

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