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(영문) 서울동부지방법원 2021.03.19 2020노1534
특정범죄가중처벌등에관한법률위반(절도)등
Text

The defendant's appeal is dismissed.

Reasons

1. The court below dismissed the applicant’s application for compensation, and the applicant for compensation cannot appeal the judgment dismissing the application for compensation order pursuant to Article 32(4) of the Act on Special Cases Concerning the Promotion, etc. of Lawsuit, etc., so the case of applying for compensation order was immediately finalized.

Therefore, the rejection of an application for compensation order among the judgment of the court below is excluded from the scope of this court.

The punishment sentenced by the court below (one year and six months of imprisonment, confiscation) is too unreasonable.

2. In full view of the favorable circumstances such as the fact that the defendant's mistake was recognized, the total amount of damage caused by each crime committed on June 7, 2020 was returned to the victim on May 9, 2020, and that considerable part of the damage amount caused by the crime was returned to the victim, the defendant was sentenced to imprisonment with prison labor for larceny for about 10 months and released on August 2019, and again went to each of the crimes of this case after about 9 months, and the defendant had been punished for the same crime several times, the damage was not completely recovered from the crime of this case on May 9, 2020, and other unfavorable circumstances such as the defendant's age, sex, environment, family relationship, etc., and the sentencing conditions in this case after the crime were not used by the victims, the defendant's assertion that the defendant's punishment was too unfair cannot be justified.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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