특정범죄가중처벌등에관한법률위반(절도)등
The defendants' appeal is dismissed.
In a case where an appeal against a judgment of conviction in the scope of adjudication by this court is filed, the confirmation of a compensation order is prevented even without an objection to the compensation order, and the compensation order is transferred to the appellate court along with the accused case (Article 33(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings). The lower court accepted an application for a compensation order by the applicant for compensation, and the Defendants filed an appeal against the lower judgment, and is deemed to have appealed to the part of the compensation order pursuant to Article 3
However, in the petition of appeal and the statement of grounds of appeal submitted by the Defendants, there is no provision of grounds for appeal regarding the part of the judgment below regarding the compensation order, and even if examined ex officio, the part concerning the compensation order in the judgment below cannot be revoked or amended. Thus,
(A) In a case where the original court ordered the Defendants to jointly compensate for any material damage caused by the criminal act of the accused case according to Article 25(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, in a case where the original court ordered the Defendants to jointly compensate for the material damage, such judgment of the court below is lawful if it is based on the purport of the order). 2. A summary of the grounds for appeal against the Defendants (Defendant A: four years of imprisonment and two years of imprisonment) is too unreasonable.
3. In light of the favorable circumstances that Defendant A recognized all the facts charged of this case against Defendant A, the lower court took into account the fact that Defendant A committed each of the crimes of this case during the repeated crime period even though Defendant A had been punished several times for the same kind of crime. Considering the favorable circumstances that Defendant B recognized all the facts charged of this case against Defendant B, Defendant B was punished several times for the same crime.