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(영문) 광주고등법원 2013.06.20 2013노178

특정범죄가중처벌등에관한법률위반(절도)등

Text

The defendant's appeal is dismissed.

The judgment below

The part of the compensation order shall be revoked.

-the applicant for compensation.

Reasons

1. The summary of the grounds for appeal by the accused (four years of imprisonment) is too unreasonable;

2. Determination

A. Although the defendant led to the confession and mistake of the crime of this case on the part of the defendant's case, the crime of this case is not deemed to be unfair since the defendant operated a vehicle without mandatory insurance without a driver's license, and habitually intrudes on another's residence and stolen property, and the nature of the crime is not good. The defendant was sentenced to imprisonment with prison labor for not less than three years and a fine not exceeding 100,000 won on April 29, 2009, even though he was punished for the same crime, he committed the crime of this case during the period of repeated crime, even though he was punished for the same crime, in full view of all the circumstances as shown in the argument of this case, such as age, character and behavior and environment of the defendant, motive, means and consequence of the crime, circumstance after the crime, etc., the above assertion by the court below is not reasonable.

B. As long as the defendant filed an appeal against the accused case, it is acknowledged that it is not reasonable to issue an order for compensation in criminal proceedings because the scope of the defendant's liability for compensation against the applicant for compensation is not clear according to the records of this case, so it is not reasonable to issue an order for compensation in criminal proceedings.

3. In conclusion, the defendant's appeal is dismissed under Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit, and the application for compensation order by the applicant for compensation is dismissed under Articles 33 (4) and 32 (1) 3 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings.