(영문) 청주지방법원 2020.08.27 2020노484 | 리걸엔진

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(영문) 청주지방법원 2020.08.27 2020노484

야간건조물침입절도등

Text

The judgment below

The remainder except the dismissed portion of the application for compensation shall be reversed.

Defendant shall be punished by imprisonment for a period of eight months.

Reasons

1. The main point of the grounds for appeal is that the lower court’s imprisonment (ten months of imprisonment) is too unreasonable.

2. When an appeal is filed against a judgment of ex officio conviction on the part of the judgment of the court below regarding the compensation order, the confirmation of the compensation order shall be prevented, and the compensation order shall be transferred to the appellate court along with the defendant's case, even though the defendant appealed only to the part of the judgment of the court below, and even if the defendant did not appeal against the compensation order, the compensation order issued by the court below was transferred to the appellate court along with the defendant's case.

Although the defendant did not assert the grounds of appeal regarding the part of the compensation order of the original judgment, the part concerning the applicant for compensation among the original judgment is examined ex officio.

According to the records, on May 13, 2020, the defendant paid 400,000 won to the account in the name of thief victim and C, an application for compensation, which was filed by the court below, on May 13, 2020, after the decision of the court below was made by the defendant's mother, and 253,300 won equivalent to the theft amount, to the account in the name of B, an application for compensation, which was filed by the court below, as the victim of theft and the applicant for compensation, is not clear whether or not the defendant

(Article 25(3)3 of the Act on Special Cases Concerning the Promotion, etc. of Lawsuits. Therefore, the court below’s order for compensation against the applicant for compensation to the above court below shall be revoked and dismissed.

3. The Defendant’s judgment on the Defendant’s assertion of unreasonable sentencing was arrested as a part of the instant criminal facts, and the Defendant was released on the ground that he did not repeat again in the examination of the quality of warrant, but continues to commit a crime thereafter, and the Defendant committed a theft of cash and goods worth KRW 6,96,300 in total 17 times, and thus, it is inevitable to punish the Defendant with severe punishment due to poor quality of the crime.

However, the defendant is against the defendant, and some victims from the original trial.

참조조문

-소송촉진 등에 관한 특례법 제25조 제3항 제3호

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