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(영문) 인천지방법원 2016.08.24 2016노1802
절도
Text

The defendant's appeal is dismissed.

An applicant for compensation shall be dismissed.

Reasons

1. Judgment on the appeal by the defendant

A. The summary of the grounds for appeal (unfair sentencing) that the court below sentenced to the defendant is too unreasonable.

B. In light of the circumstances asserted by the Defendant on the grounds of appeal, the lower court’s punishment is too unreasonable, even if there is no change in circumstances that could be considered in sentencing after the judgment of the lower court, and the sentencing conditions as shown in the instant records and arguments are compared with the reasons for sentencing.

2. According to Article 32(4) of the Act on Special Cases Concerning the Promotion, etc. of Lawsuits as to Compensation Application, the applicant for compensation did not appeal against the judgment dismissing the application for compensation, and cannot file the same application for compensation again. Since the applicant for compensation filed an application for compensation at the court below but filed the same application for compensation at the trial at the same time after the application for compensation was rejected, the application for compensation in this case is in the incidental law.

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. Since the application for compensation by the applicant for compensation is inappropriate, it is so decided as per Disposition by the assent of all participating Justices on the bench's rejection under Article 32 (1) of the Act on Special Cases

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