절도등
The judgment below
The remainder, excluding the rejection of an application for compensation order, shall be reversed.
Defendant’s fine 20,00.
1. The lower court found the Defendant guilty of the facts charged, and rejected an application for compensation order filed by the applicant for compensation.
However, according to Article 32 (4) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, an applicant for compensation fails to file an appeal against a judgment dismissing the application for compensation order. Therefore, the rejection part of the above application for compensation order
Therefore, the rejection of an application for compensation order among the judgment of the court below is excluded from the scope of this court.
2. The decision of the court below on the gist of the reasons for appeal is unfair because the punishment (one year of imprisonment) is too unreasonable.
3. The judgment of the Defendant committed the instant crime even though the said judgment was finalized on August 17, 2019 by having been sentenced to two years of imprisonment with prison labor for the crime of special destruction and damage by the Daejeon District Court on August 9, 2018, which became final and conclusive on August 17, 2019. The Defendant, even without a license for a motorcycle, caused an accident while driving a motorcycle while under the influence of alcohol, and the Defendant’s blood alcohol concentration as 0.205% higher than the Defendant’s blood alcohol content is disadvantageous to the Defendant.
However, considering the following: (a) the Defendant has yet to age and intellectual disability; (b) the Defendant had the history of having been subject to criminal punishment, but there is no history of having been subject to criminal punishment, juvenile protective disposition or suspension of indictment due to larceny or unlicensed driving; (c) a drunk driving does not have the history of having been subject to criminal punishment, juvenile protective disposition or suspension of indictment; (d) a Defendant is clibbb to run a drunk driving; (e) the Defendant was causing an accident; and (e) the Defendant’s personal damage was not caused; (e) the Defendant’s reflects the instant crime; and (e) the Defendant agreed with the victim at the trial; and (e) various sentencing conditions shown in the instant records and arguments, including the Defendant’s age, character and behavior, environment, motive and consequence of the crime
Therefore, the defendant's inappropriate sentencing.