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(영문) 서울중앙지방법원 2019.11.28 2019노1781
사기등
Text

The judgment of the court below (excluding the part concerning dismissal of prosecution and the part concerning application for compensation) and the second judgment shall be reversed.

Reasons

1. The first instance court, among the facts charged against Defendant C, dismissed the prosecution as to the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and the violation of the Road Traffic Act, and sentenced the Defendants guilty on the remaining facts charged except the aforementioned dismissed part, and the second instance court convicted Defendant C.

The Defendants appealed from the guilty portion of the judgment of the court of first instance on the ground of unfair sentencing, and the Defendant C and the Prosecutor appealed from the judgment of the court of second instance on the ground of unfair sentencing, and the rejection portion of the judgment of the court of first instance, which did not appeal

In addition, the first instance court dismissed the application for remedy by the applicant for compensation.

An applicant for compensation cannot file an objection against a judgment dismissing an application for compensation order pursuant to Article 32 (4) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, and the foregoing dismissed portion shall be excluded from the scope of the adjudication of this

Therefore, the scope of this court's adjudication is limited to the guilty part of the judgment of the first instance and the judgment of the second instance against the Defendants.

2. Summary of grounds for appeal;

A. On the judgment of the court of first instance (appeals by Defendants A: Imprisonment of 2 years and 6 months and confiscation, Defendant C: Imprisonment of 1 year and 6 months and 1 year and 6 months, Defendant D: Imprisonment of 2 years and 1 year and 6 months and 1 year and 6 months of 2 years and 1 year and 6 months of 2 years and 1) the sentence of the court of

B. On the judgment of the court below of second instance (the appeal by the defendant C and the prosecutor: unreasonable sentencing) the sentence imposed by the court of second instance on the defendant C(the defendant C and the prosecutor: the defendant's appeal by the court of second instance) is too unreasonable, and the sentence imposed by the court of second instance on the defendant is too unreasonable.

3. Ex officio determination on Defendant C and D

A. Before determining the grounds for appeal by Defendant C and D, this paper examined ex officio.

1) The judgment of the court below and the judgment of the court of second instance on the defendant with respect to the consolidation (the defendant C are pronounced respectively, and the defendant is guilty of the judgment below.

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