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(영문) 울산지방법원 2017.09.15 2016노2158
사기등
Text

The part of the judgment of the court below regarding each of the defendant's case is reversed, and it is against the applicant C among the judgment of the court of first instance.

Reasons

1. According to Article 32(4) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, the second instance court dismissed all the compensation applicants S and T’s applications for each compensation order (260,275 early 2017). According to Article 32(4) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, the applicant for compensation is unable to file an objection against the judgment dismissing the application for each compensation order. Therefore, the part rejecting the application for

Therefore, among the judgment of the court of second instance, the rejection of each of the above orders for compensation is excluded from the scope of the judgment of this court.

2. Summary of reasons for appeal;

A. The punishment of the second judgment against the defendant (one year of imprisonment, three years of suspended execution, and 120 hours of community service) is too unreasonable.

B. The punishment of the lower judgment against the Defendant by the prosecutor (the first instance judgment: imprisonment with prison labor for six months, the suspension of execution for two years, and the community service work for 120 hours) is too unfortunate and unfair.

3. Ex officio determination

A. Prior to the judgment on the grounds for appeal, the judgment of the court of first instance and the judgment of the court of second instance against the defendant were sentenced respectively, and each appeal was filed by the defendant and the prosecutor against them, and this court decided to hold concurrent hearings of the above two appeals cases. The first and second judgments against the defendant are concurrent offenses under the former part of Article 37 of the Criminal Act, and one sentence should be imposed pursuant to Article 38(1) of the Criminal Act. In this respect, the part concerning each of the judgment of the court of second instance as to the defendant among the judgment of the court of first and second instances cannot be maintained.

B. In addition, the court below ordered the defendant to pay the compensation amount of KRW 1,056,00 to the applicant C, but according to the records, etc. of this case, C agreed to receive the full amount of damages from the defendant and the defendant smoothly.

It is recognized that the agreement has been submitted to the effect that "," and this case is not possible to issue an order for compensation because the existence and scope of the defendant's liability for compensation against C is unclear.

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