(영문) 서울북부지방법원 2020.05.28 2020노28

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울북부지방법원 2020.05.28 2020노28

상습사기

Text

The judgment below

The remainder of the compensation order, excluding the dismissal part and the compensation order, shall be reversed.

Reasons

1. Scope of the judgment of this court;

A. The lower court excluded the cited portion of the compensation order from the cited portion of the compensation order, cited the application for compensation by the applicant B.

Although the defendant appealed against the judgment of the court below, he did not claim the grounds for appeal regarding the cited portion of the compensation order, and even if ex officio examination, the grounds for cancelling or amending the cited portion of the compensation order cannot be found. Thus, the cited portion of the judgment of the court below is maintained as it is.

B. The lower court dismissed each of the application for compensation filed by C [Seoul Northern District Court 2019 Seocho2605, 2019 Seocho2629, 2629, 2019)], an applicant for compensation, respectively.

According to Article 32 (4) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, an applicant for compensation cannot file an objection against the judgment dismissing the application for compensation. Therefore, the rejection part of each of the above applications for compensation becomes final and conclusive immediately and conclusive, shall be excluded from the scope of adjudication

2. Summary of grounds for appeal: Imprisonment with labor for one year;

3. Judgment on the grounds for appeal by the defendant ex officio shall be examined ex officio.

In the case of this case, the prosecutor changed the part of the facts charged of this case from the time to September 19, 2019 that "it received a total of KRW 1,949,000 from the victims over 40 times, such as the list of crimes in the annexed list of crimes," to "from that time to September 23, 2019, the prosecutor received a total of KRW 2,021,000 from the victims over 41 times as shown in the annexed list of crimes," and applied for changes in the crime list of the judgment below to the annexed list of crimes, and since this court permitted this, the judgment of the court below was no longer maintained.

4. Accordingly, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act, without examining the defendant's assertion of unfair sentencing, on the grounds of ex officio reversal.

참조조문

-소송촉진 등에 관한 특례법 제32조 제4항

-형사소송법 제364조 제2항

유사 판례

-전주지방법원 2020.12.10 2020노1095

-부산지방법원 2020.05.08 2020노443

-서울북부지방법원 2021.04.23 2020노2051

-전주지방법원 2020.12.17 2020노1134

-창원지방법원 2021.04.23 2021노571