beta
(영문) 광주지방법원 2017.11.15 2017노3457

절도등

Text

All appeals by the defendant and the prosecutor are dismissed.

The application for compensation of this case is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s sentencing is too inappropriate.

B. The lower court’s sentencing is too uncomfortable.

2. Considering the fact that the nature of the instant crime was not good and that the damage was not recovered until the judgment was rendered, strict punishment against the Defendant is necessary.

However, considering the fact that the defendant repents his mistake, there is no criminal record exceeding the same criminal record or fine, and the defendant's age, sex and environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., the sentence imposed by the court below is deemed appropriate and is too heavy or unreasonable. Thus, the above argument by the defendant and the prosecutor is without merit.

3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

Meanwhile, since the scope of liability for compensation is not clear or it is deemed inappropriate to issue an order for compensation in criminal proceedings with respect to the application for compensation order filed in the trial of the party E, it shall be dismissed in accordance with Articles 32(1)3 and 25(3)3 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings.