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(영문) 수원지방법원 2014.07.21 2014노2950

절도

Text

The prosecutor's appeal is dismissed.

An application filed by an applicant for compensation shall be dismissed.

Reasons

1. Judgment on the prosecutor's grounds for appeal

A. The gist of the reasons for appeal (one year of imprisonment) by the lower court is too unhued and unreasonable.

B. In full view of the following facts: (a) the Defendant is closely against the instant crime; (b) the frequency of the instant crime; (c) the degree of damage; (d) the background leading to the instant crime; and (c) the Defendant’s age, character and conduct, environment, and circumstances after the instant crime; and (d) the sentencing conditions indicated in the instant records and arguments, the lower court’s sentence that sentenced one year to imprisonment is too uneas

2. An applicant for compensation as to an application for compensation was dismissed in the first instance trial. However, where an application for compensation has been rejected, the same application for compensation cannot be filed again, and the scope of liability for compensation is not clear, and the application for compensation is dismissed in accordance with Article 32(1) and (3) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings.

3. In conclusion, the prosecutor's appeal is dismissed pursuant to Article 364 (4) of the Criminal Procedure Act on the grounds that the prosecutor's appeal is without merit. The application for compensation applicant is dismissed. It is so decided as per Disposition.