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(영문) 서울중앙지방법원 2018.08.17 2018노425
사기등
Text

The part of the judgment of the court of first instance excluding the dismissed part of the application for compensation and the judgment of the court of second instance shall be reversed.

Reasons

1. The first instance court rejected an application for compensation filed by an applicant for compensation, and pursuant to Article 32(4) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, the applicant for compensation did not file an objection against the judgment dismissing the application for compensation. Therefore, the part dismissing the said application for compensation was immediately determined.

Therefore, among the judgment of the court of first instance, the dismissal of the above application for compensation is excluded from the scope of adjudication of this court.

2. The summary of the grounds for appeal (unfair sentencing): The sentence of the lower court (the first instance judgment: imprisonment with prison labor for 7 years and the second instance judgment: imprisonment with prison labor for 6 months) is too unreasonable.

3. Prior to the judgment on the grounds of ex officio appeal, the judgment of the first and second judgment against the defendant was rendered, and the defendant filed an appeal against them, and this court decided to hold a joint hearing of the above two appeals cases. Each of the above judgments of the court below against the defendant should be sentenced to one punishment pursuant to Article 38(1) of the Criminal Act, since each of the offenses against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, each of the above judgment of the court below cannot be maintained.

4. Thus, the judgment of the court below is reversed with the exception of the dismissal part of the judgment of the court of first instance among the judgment below pursuant to Article 364(2) of the Criminal Procedure Act, and the judgment below of the court below is reversed, and the judgment below of the court below is all reversed and the judgment below of the court below of second is all reversed after pleading, as seen above.

[Judgment of the court below (excluding the dismissed part of the judgment of the court of first instance and the judgment of the court of second instance)] The summary of facts constituting an offense and evidence acknowledged by the court and the summary of evidence are as stated in each corresponding column of the judgment of the court below. Thus, it is accepted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 347(1) of the Criminal Act concerning criminal facts (the fraud point and each victim shall be the point of fraud).

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