특수절도등
All judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
-the applicant for compensation.
1. The defendant asserts that the summary of the reasons for appeal is that the punishment (one and half years of imprisonment and six months of imprisonment) of each judgment of the court below is too unreasonable, and the prosecutor asserts that the punishment of the court of first instance (one and half years of imprisonment) is too uneasible and unfair.
2. Examination ex officio prior to the judgment on the grounds for appeal by the Defendant and the Prosecutor.
The judgment of the court below against the defendant was rendered separately, and the defendant filed each appeal against the judgment of the court of first instance and the judgment of the court of second instance, and this court decided to hold a joint hearing of each appeal case.
Thus, each of the judgment below's crimes is a concurrent crime under the former part of Article 37 of the Criminal Act and a single sentence shall be sentenced pursuant to Article 38 (1) of the Criminal Act. Thus, the judgment below cannot be maintained as it is.
3. An applicant for judgment on an application for a compensation order shall seek compensation against the defendant in total 20 million won [the amount obtained by deducting 9.2 million won received from the defendant as interest title out of 29.4 million won];
However, according to the records, the applicant does not want to punish the defendant on the ground that he/she received a partial repayment from the defendant and agreed to receive a compensation for the future damage in the agreement on August 30, 2016.
Therefore, this case constitutes a case where the scope of the defendant's liability for compensation is not clear, and it is not reasonable to issue a compensation order in the criminal procedure.
4. Accordingly, the judgment of the court below, on the grounds of the above reasons for reversal of authority, is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining each of the grounds for reversal of unfair sentencing by the defendant and the prosecutor, and it is again decided as follows. The application for compensation by the applicant for compensation is dismissed in accordance with Article 25(3)3 of the Act on Special Cases Concerning Promotion,
[Judgment of the court below] Summary of facts constituting a crime and evidence