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The part of the judgment of the court below excluding each compensation order shall be reversed.
Defendant shall be punished by imprisonment for a period of two years and four months and by a fine of three hundred thousand won.
Reasons
Where an appeal against a judgment of conviction on the scope of adjudication by this court is filed, the confirmation of a compensation order shall be interrupted even without an objection to the compensation order, and the compensation order 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 Legal Proceedings). In addition, an applicant may not file an appeal against the judgment dismissing an application for compensation or
(Article 32(4) of the same Act. Article 32(4)1 of the same Act excluding the J as the applicant for compensation, the lower court fully accepted each application for compensation order by the remaining applicants for compensation except the applicant for compensation, and partially accepted the application for compensation order by the J as the applicant for compensation, and the lower court partially accepted the application for compensation order by the DR
Since the part not cited in the first instance court among the application for compensation order filed by J, which is the applicant for compensation, has been immediately finalized, it shall be excluded from the scope of the adjudication in this Court.
Meanwhile, according to Article 33(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, the part of accepting the compensation order against the applicant for the compensation order by filing an appeal against the judgment below shall be deemed to have also been appealed. However, in the petition of appeal and the statement of reasons for appeal submitted by the defendant and his defense counsel, the grounds for rejecting the compensation order among the judgment below shall not be found even if ex officio examination is conducted, since the grounds for cancelling or amending the cited portion of the compensation order among the judgment below cannot be
2. The summary of the grounds for appeal Nos. 1 and 2 (the first instance court: imprisonment of 1 year and 10,000 won, and the second instance court: imprisonment of 1 year and 300,000 won) are too unreasonable.
3. The judgment of the court of first instance and the judgment of the court of second instance against the defendant was rendered ex officio prior to the judgment on the grounds for appeal of ex officio judgment, and the defendant filed an appeal against them respectively, and the court decided to hold two appeals together with other appeals cases.