(영문) 대전지방법원 2020.10.21 2020노1516 | 리걸엔진

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(영문) 대전지방법원 2020.10.21 2020노1516

특수절도미수등

Text

The judgment below

The remainder, other than the dismissed part of the application for compensation, shall be reversed.

The defendant is judged by the court below.

Reasons

1. The court below rejected the application for compensation by the applicant for compensation, but pursuant to Article 32(4) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, the court below rejected the application for compensation by the applicant for compensation, and the part dismissing the application for compensation was immediately finalized.

Therefore, the dismissal part of the judgment of the court below is excluded from the scope of adjudication of this court.

2. Summary of grounds for appeal;

A. In relation to the facts charged that the Defendant stolen at least ten of the 100 lecture 100 the lecture 100 possession of the victim C around May 18, 2018, among the cases of prosecutor (misunderstanding of facts as to the acquittal portion), the lower court erred by misapprehending the fact that the Defendant was acquitted on the whole charge, thereby adversely affecting the conclusion of the judgment.

B. The lower court’s punishment (a year of imprisonment and a stay of execution, two years of fine, two million won of imprisonment, one year and six months of imprisonment) is too unreasonable.

3. Judgment ex officio by a public prosecutor and the defendant on the grounds for appeal shall be examined ex officio;

A. Of the facts charged in the case at the trial of the party, the Prosecutor’s total amount of KRW 6,460,00 in the main sentence of paragraph (1) is as follows: ① “Total of the market price of KRW 311 through 3410,000 in total four times”; ② Attached (Before the amendment of the indictment in the trial), “100 in the column of crime No. 3 damaged articles in the attached Table (Before the amendment of the indictment in the trial)” is as follows: “10 in the lecture rain (i.e., “A., 90,000 won”)”; ③ [Attachment (B before the amendment of the indictment in the trial of the party), “60,000 won (number: 2.96,000 won in total, 3.1 million won in total, and 3.5 million won in total)” in the aggregate column of the list of crimes in the attached Form (B before the amendment of the indictment in the trial) is as follows: 311 through 34110,0100,000 won in each amendment.

참조조문

-소송촉진 등에 관한 특례법 제32조 제4항

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