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(영문) 서울남부지방법원 2020.12.10 2020노1105
특수절도등
Text

[Defendant A] The first instance judgment (excluding the dismissal order) and the second instance judgment (excluding the part of the compensation order)

Reasons

1. Summary of grounds for appeal;

A. The sum [1] of the judgment of the court below by the defendants [2 months of imprisonment and 5 years of imprisonment], the judgment of the court below by the second instance (one year and 6 months of imprisonment), and the defendant R: the judgment of the court of first instance (one year and 6 months of imprisonment) are too unreasonable.

B. The balancing of the judgment of the court of first instance by the prosecutor (i.e., the imprisonment of two months and five years, and the imprisonment of one year and six months) is too uneased and unfair.

2. The judgment of the court of first instance rejected the application for compensation by the applicant for compensation, and the applicant for compensation cannot file an objection against the judgment dismissing the application for compensation order pursuant to Article 32(4) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, and the above dismissed part was finalized as it is.

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

The judgment of the court below, which accepted the application for compensation by the applicant for compensation, shall be prevented from confirming the judgment on the order for compensation, and the part thereof shall also be transferred to the appellate court together with the defendant's case, even if there is no objection to the order for compensation.

However, Defendant A did not assert any grounds for appeal regarding the cited portion of the compensation order while appealed against the judgment of the second instance, and there is no reason to revoke or revise it ex officio. Thus, the cited portion of the judgment of the second instance as above should be maintained.

Defendant

In light of the records as to the application of the provisions on treatment of concurrent crimes to A, the court below's decision 1) acknowledged the fact that the defendant A was sentenced to four months of imprisonment for a violation of the Road Traffic Act (unlicensed Driving) at the Incheon District Court on April 24, 2019 and two years of suspended execution on May 2, 2019. In addition to the violation of the Telecommunications Business Act in the judgment against the defendant A [20 higher group 2095], the court below also recognized the violation of the Road Traffic Act (non-licensed Driving and the violation of the Automobile Accident Compensation Act) as of August 25, 2018.

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