(영문) 서울남부지방법원 2017.04.13 2016노2201

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(영문) 서울남부지방법원 2017.04.13 2016노2201

절도

Text

The defendant's appeal is dismissed.

The request of the applicant for compensation shall be dismissed.

Reasons

1. In light of the following: (a) the Defendant had been faced with depressions, depressions, etc. and was provoking the instant crime; (b) there are circumstances to consider the circumstances; (c) the Defendant continues to endeavor to recover from damage; and (d) the Defendant continues to receive mental treatment in the future and does not repeat the crime and is making it difficult for the Defendant to live in good faith, the sentence imposed by the lower court (one year and three months) is too unreasonable.

2. The Defendant began to commit the instant crime that constitutes a repeated crime even after eight months have passed since he/she was recovered from prison due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) and was released from prison (the Defendant was punished by a fine for the same kind of crime that the Defendant committed with the knowledge of one month after release). While the Defendant agreed with some victims in the first instance, the part of damage still remains unrepared.

In addition, considering the various circumstances asserted by the Defendant on the grounds of appeal, the lower court’s punishment is too unreasonable, even if considering the circumstances asserted by the Defendant on the grounds of appeal, as well as the age, sex, environment, motive, means, and consequence of the instant case, including favorable or unfavorable circumstances to the Defendant.

3. In conclusion, the appeal by the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit, and it is not reasonable to issue a compensation order in the criminal procedure because the scope of liability for damages is not clear

Since it is judged, it is decided in accordance with Article 32 (1) 3 and Article 25 (3) 3 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings.

참조조문

-특정범죄 가중처벌 등에 관한 법률

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