Text
The judgment below
Among those, the part of the compensation order against the defendant's case and the applicant for compensation against C shall be reversed.
Two years of imprisonment.
Reasons
1. The decision of the court below on the summary of the grounds for appeal (three years of imprisonment, confiscation) is too unreasonable.
2. Ex officio determination
A. Before determining the grounds for appeal by the defendant of the Amendments to Bill of Indictment, the prosecutor shall ex officio, and the prosecutor shall delete "use of public documents", "use of forged public documents" and "use of forged public documents" among the names of the crimes of this case, and "Article 225 of the Criminal Act" and "Article 229 of the Criminal Act" from among the applicable provisions of this case, and applied for amendments to Bill of Amendment to Bill of Indictment with the contents as stated in the facts charged as follows. Since this court permitted it, the judgment of the court below cannot be maintained in this respect
B. When the defendant filed an appeal against a conviction, the compensation order is transferred to the appellate court along with the defendant's case pursuant to Article 33 (1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, even if there is no objection to the compensation order, and thus, the part of the compensation order
It is judged that the existence of liability for compensation or its scope is not clear by agreement with C, which is an application for compensation, for the first time of the trial.
Therefore, among the judgment below, the compensation order part against C cannot be maintained as it is.
(The court of original instance also accepted the application for compensation filed by B, but the defendant did not assert the grounds for appeal against this part, and even if examined ex officio, it cannot find the grounds for revocation and alteration. Thus, the part accepting the application for compensation filed by B among the judgment below is maintained as it is, since the above grounds for ex officio reversal exist. Thus, the judgment of the court below is reversed in accordance with Article 362 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing. The part concerning the prosecuted case among the judgment of the court below regarding the compensation order for compensation filed by C among the judgment below is reversed.