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(영문) 창원지방법원 2021.02.17 2020노2211
사기등
Text

The part of the judgment of the court of first instance excluding a compensation order and the judgment of the court of second instance excluding a compensation order shall be reversed.

Defendant shall be punished by imprisonment.

Reasons

1. The summary of the grounds for appeal (No. 1 and No. 2) of the lower court’s punishment (No. 1 and No. 2: Imprisonment with prison labor for each of 1 and June) is too unreasonable.

2. Ex officio determination

A. The part of the judgment of the court of first instance excluding the compensation order and the part of the judgment of the court of second instance excluding the compensation order and the part of the judgment of the court of second instance excluding the compensation order excluding the compensation order, were examined by combining the appeals cases against each judgment of the court of first instance ex officio before determining the grounds for appeal by the defendant. Each offense in the judgment of the court of first instance excluding the compensation order excluding the compensation order and the part of the judgment of the court of first instance excluding the compensation order excluding the compensation order and 2 of the judgment of the court of first instance excluding the compensation order excluding the compensation order excluding the case of each judgment of the court of first instance excluding the

B. When the defendant who made an ex officio judgment on the part of the order for compensation among the judgment of the court of first instance files an appeal against a conviction, the decision of the court below regarding the order for compensation among the judgment of the court of first instance is also interrupted pursuant to Article 33(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, and the application for

According to the records, it is not reasonable to issue an order for compensation to the defendant on the ground that it is not clear whether or not the defendant is liable for compensation against the above applicant or its scope is not clear.

Therefore, among the compensation order of the court below, the above compensation applicants cannot be maintained as they are.

3. Accordingly, the judgment of the court below is reversed as to the part of the judgment of the court of first instance excluding the compensation order, and the part concerning the applicant B and D among the compensation order of the judgment of the court of first instance excluding the compensation order of the court of first instance - without examining the defendant's unfair argument of sentencing, and the above part of the compensation applicant B and D among the compensation order of the court of

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