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(영문) 서울중앙지방법원 2019.07.26 2019노957

절도등

Text

The judgment below

Part of the remedy order against B, C, D, F, and H among the applicants for compensation shall be reversed.

Defendant .

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment and six years) by the lower court (e.g., imprisonment and six years) is too unreasonable.

2. The lower court’s punishment is somewhat unreasonable, considering that there is change of circumstances by mutual agreement with some victims when the Defendant was in the trial.

Defendant’s assertion is with merit.

3. As the defendant's appeal is well-grounded, pursuant to Article 364 (6) of the Criminal Procedure Act, the part of the judgment below excluding the compensation order for the applicant for compensation for B, C, D, F, and H among the judgment below is reversed (as the defendant paid KRW 1.50,00 to the applicant for compensation who is the applicant for compensation at the trial of the court below, the part of compensation order for the applicant for compensation for E among the judgment below is reversed) and it is again decided as follows through pleading

Criminal facts

The summary of facts and evidence to be judged by the court is the same as the corresponding column of the judgment of the court below, except for correction as follows in accordance with Article 25 of the Rules on Criminal Procedure, so it shall be quoted in accordance with Article 369 of the Criminal Procedure Act.

The "credit card" of the fourth 14th of the judgment of the court shall be deleted from among the criminal facts in the case of 2018 Godan7420 as stated in the judgment below.

Of the summary of the evidence in the case of 2018 Godan7420 as stated in the lower judgment, the “the Defendant’s partial statement of 1.1.3” in Part 3 of the judgment of the lower court shall be deemed to be “1. Defendant’s legal statement” and the “1.V Statement” in Part 5 shall be deemed to be part of the statement of 1.V.

Application of Statutes

1. Relevant Article 329 of the Criminal Act, Article 329 of the Criminal Act, Article 347 (1) of the Criminal Act, and the choice of imprisonment for a crime;

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. BW which is an application for compensation and a provisional execution declaration: Articles 25 (1), 31 (1), (2) and (3) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings;

1. E, an application for compensation filed by the court below which dismissed the application for compensation: Article 32 (1) 3 and Article 25 (3) 3 of the Act on Special Cases concerning Promotion, etc. of Legal Proceedings;