특정범죄가중처벌등에관한법률위반(절도)등
The defendant's appeal is dismissed.
An applicant for compensation within the scope of adjudication of the relevant party shall not file an objection against a judgment dismissing an application for compensation order (Article 32(4) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings), and the application for compensation order shall become final and conclusive immediately.
The court below dismissed the applicant C’s application for compensation, and confirmed that the above applicant’s application for compensation was not dissatisfied with the adjudication at the same time, and thus, the dismissal part of the above application for compensation order in the judgment below shall be excluded from the scope of the trial
2. The decision of the court below on the gist of the reasons for appeal (the imprisonment of eight months) is too unreasonable.
3. The Criminal Litigation Act, which takes the principle of court-oriented trials and the principle of direct determination, has a unique area for the determination of sentencing, and there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). There is no significant change in the terms of sentencing compared to the lower court’s judgment, and comprehensively taking account of all the circumstances constituting the conditions of sentencing as indicated in the record and the theory of change, the lower court’s sentencing was too excessive and exceeded the reasonable scope of discretion.
shall not be deemed to exist.
Therefore, the defendant's argument of sentencing is without merit.
4. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.