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(영문) 서울중앙지방법원 2019.06.13 2018노3954 (1)
사기등
Text

Of the judgment of the court of first instance, the part on the defendant (excluding the part on the application for compensation and the part on the compensation order) and 2.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for 1 year and 4 months, and 6 months) that the court below sentenced to the defendant is too unreasonable.

2. The first instance court rejected an application for compensation filed against the Defendant, E and F, an application for compensation filed by the first instance court.

An applicant for compensation is unable to file an objection against a judgment dismissing an application for compensation pursuant to Article 32(4) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, and the above application for compensation became final and conclusive immediately. Therefore, the part of the judgment of the court of first instance on the Defendant’s application for compensation

On the other hand, the court of first instance accepted the application for compensation against D's defendant, the first instance court's application for compensation.

Where an appeal against a conviction is filed, the order for compensation shall be transferred to the appellate court along with the accused case (Article 33(1) of the Act on Special Cases Concerning the Promotion, etc. of Lawsuit). According to the records of this case, the Defendant filed an appeal against the judgment of the court of first instance. However, in the petition of appeal and the statement of grounds for appeal submitted by the above Defendant, the grounds for appeal regarding the part of the order for compensation among the judgment below are not indicated, and even if ex officio

Therefore, the judgment of the court of first instance regarding the above compensation order shall be maintained as it is.

3. Judgment on the grounds for appeal by the defendant ex officio shall be examined ex officio.

Each court below sentenced the defendant to imprisonment with prison labor as above after completing a separate hearing on the defendant.

The defendant filed an appeal against the above two judgment of the court below, and this court decided to hold a joint hearing of the two cases appealed.

However, each crime of the judgment of the court below against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act, and a single punishment should be sentenced at the same time pursuant to Article 38 (1) of the Criminal Act.

Therefore, this is applicable.

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