beta
(영문) 부산지방법원 2020.05.08 2020노443

병역법위반등

Text

The judgment below

Each part of the compensation order shall be reversed except for each compensation order.

A defendant shall be punished by imprisonment for a term of one year and eight months.

Reasons

1. Where an appeal against a judgment of conviction in the scope of adjudication by this Court is filed, the confirmation of a compensation order shall be prevented, 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 admitting a part thereof.

(Article 32(4) of the same Act. The court below accepted the entire application for remedy order filed by D, E, the applicant for compensation, and partly accepted the application for remedy order filed by F, C, G, and B, and rejected the rest of the application for remedy order.

Since an applicant cannot file an objection against the dismissed part, the above dismissed part becomes final and conclusive immediately, each of the above dismissed parts of the judgment below shall be excluded from the scope of the adjudication in this Court.

Meanwhile, pursuant to Article 33(1) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings by filing an appeal against the lower judgment, the part of accepting the compensation order against the applicant for the compensation order in the lower court is deemed to have also been appealed. However, in the petition of appeal and the statement of grounds of appeal submitted by the Defendant and his/her defense counsel, there is no indication in the grounds of appeal regarding the cited portion of the compensation order in the lower judgment, and even if ex officio examination, there is no discovery

2. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (one year and four months of imprisonment) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.

3. The judgment of the defendant shows an attitude to recognize and reflect each of the crimes in this case.

However, the defendant has a record of being subject to juvenile protective disposition several times for the same crime, and the defendant was under probation after being sentenced to probation due to the brokerage of stolen property in 2018, without being aware of the fact that he was under probation.