절도등
The judgment below
The remainder, excluding the rejection of an application for compensation order, shall be reversed.
The defendant shall be sentenced to one year of imprisonment.
1. In the event that an application for compensation is rejected within the scope of the adjudication in this Court, the applicant is immediately finalized and the decision to dismiss the application for compensation is immediately finalized, and the same application for compensation cannot be filed again without being transferred to the appellate court (see Article 32(4) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings). The part which dismissed the application for compensation in the
2. The gist of the reasons for appeal is that the original court’s punishment (one year and four months of imprisonment) is too unreasonable.
3. In light of the Defendant’s age, character and conduct, family relationship, motive, means and consequence of the crime, and all of the sentencing conditions indicated in the instant pleadings, such as the Defendant’s age, character and conduct, family relationship, motive and consequence of the crime, the sentence imposed by the lower court is somewhat unreasonable.
4. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.
[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by this court and summary of evidence are identical to the facts in each corresponding column of the judgment of the court below, except where "the defendant's partial statement" in part 1 of "2019 high-class 2099 high-class 2099 is used as "the defendant's trial court statement" in the summary of evidence of the judgment of the court below. Thus, it is cited as it is in accordance with Article 369
Application of Statutes
1. The assault committed by a driver under Article 329 of the Criminal Act, Articles 352, 347(1) of the Criminal Act, Articles 262, 261, 260(1), and 257(1) of the Criminal Act, Articles 369(1), and 366 of the Criminal Act, Article 5-10(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes.