야간주거침입절도
The defendant's appeal is dismissed.
An application filed by an applicant for compensation shall be dismissed.
1. The sentence imposed by the court below (one year and six months of imprisonment) is too unreasonable.
2. In full view of the various circumstances, including the fact that the defendant was punished twice for the same kind of crime, and the fact that the defendant committed each of the crimes in this case during the period of repeated crime due to the same crime, it is not recognized that the sentence imposed by the court below is too unreasonable since the defendant's punishment imposed by the court below is too inappropriate. Thus, the above argument by the defendant is without merit.
3. Pursuant to Article 26(1) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings regarding Application for Compensation Orders, a victim shall file an application for compensation with the court in which the case is pending before the closure of pleadings at the court of first instance or the court of second instance. An application for compensation order against the accused of the applicant for compensation is made on May 14, 2019, which is after the date of closing of pleadings at the court of first instance, and is unlawful.
4. 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 groundless. The application for remedy order by the applicant for compensation is dismissed in accordance with Article 32 (1) 1 of the Act on Special Cases