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(영문) 청주지방법원 2018.10.26 2018노599

절도등

Text

The judgment below

Among them, the part of the defendant case against the defendant A is reversed.

Defendant

A Imprisonment with prison labor of one year and two months and fine of 500.

Reasons

1. The court below rejected the applicant’s application for compensation order, and the applicant for compensation cannot file an objection against the judgment dismissing the application for compensation pursuant to Article 32(4) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings. Thus, this part is excluded from the scope of the judgment of this court.

2. The summary of the grounds for appeal (unfair sentencing) is too unreasonable in light of the fact that the Defendants recognized the instant crime and opposed to it, etc., the sentence of the lower court (Defendant A: imprisonment with prison labor for one year and four months and fine of 500,000 won / Defendant C: Imprisonment with prison labor for one year and one year and six months) is too unreasonable.

3. Judgment on the grounds for appeal

A. The crime of this case against Defendant A is disadvantageous to Defendant A on the following grounds: (a) Defendant A did not pay for taxi expenses, PC room use fees, mobile phone repair expenses, delivery charges, food supply charges, and the cost of an alcoholic beverage and the cost of an alcoholic beverage to be provided with goods or services but did not pay for them; (b) obtained money from the upper point of view as a refund of goods; (c) stolen property; (d) assault and injured at a minor cost; and (e) gambling, in light of the motive and process of the crime and the method of the crime; (b) gambling; (c) it is not good that the crime was committed; and (d) it appears that it might have been strong and strong awareness of compliance; (d) the degree of damage to the crime of joint injury appears to have been serious; and (e) the fact that Defendant A has been punished as a crime of multiple types of fraud (a crime of larceny and fraud).

However, Defendant A recognized the instant crime, and expressed his intent not to be punished against Defendant A before the pronouncement of the judgment of the court below, and even after the issuance of the judgment of the court below, Defendant A agreed with the victim BR and refer to the Nos. 2 and 5 of the attached Table 2 of the crime committed in the judgment of the court below. It refers to the No. 2 and 3 of the attached Table 1 of the List of Crimes in the judgment of the court below in the judgment of the court below.