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(영문) 수원고등법원 2020.08.20 2020노209
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

The judgment below

The part of the defendant's case shall be reversed.

The punishment of the accused shall be eight years of imprisonment.

The defendant.

Reasons

The court below rejected the application for compensation filed by the applicant B, and the applicant cannot file an objection against the judgment dismissing the application for compensation (Article 32(4) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings). The dismissal part of the court below's rejection of application for compensation filed by the applicant for compensation filed by the applicant for compensation is excluded from the scope of the judgment of this court

The judgment below

We examine ex officio the grounds for appeal on the part of the defendant's case prior to the judgment on the grounds of ex officio sentencing.

The prosecutor applied for amendments to the indictment to the effect that the facts charged are modified, as described in paragraphs (1) and (2), among the "matters to be modified, deleted, and added" as stated in the reasoning of the judgment that is used in multiple times at the trial. Since the subject of the judgment is changed by this court, the defendant's case among the judgment below cannot be maintained any more.

The judgment below

Of the judgment below on the compensation order, the court below accepted the application for compensation by the applicant except the applicant B, but pursuant to Article 33(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, when an appeal against conviction is filed, the compensation order is transferred to the appellate court along with the accused case, and thus, the part on the compensation order among the judgment below is deemed to have

However, there is no statement in the petition of appeal and the statement of reasons for appeal concerning the compensation order submitted by the defendant, and even if it is examined ex officio, there is no reason to revoke or revise the order.

Therefore, the part of the court below's order for compensation should be maintained as it is.

The judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act, and the part of the judgment of the court below on the defendant's case is reversed, and it is again decided as follows, without examining the above grounds for ex officio reversal.

[The reasons for the judgment of multiple times] criminal facts.

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