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(영문) 울산지방법원 2020.01.16 2019노1033
절도등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for up to eight months and a fine of up to 300,000 won.

The above fine shall be imposed on the defendant.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (the imprisonment of eight months and the fine of three hundred thousand won) is too unreasonable.

2. Determination

A. As to the grounds of appeal, the crime of this case was committed repeatedly by the Defendant, and the crime of this case was committed against an unspecified victim in light of the method, mode, and frequency of the crime, and the crime was committed several times due to the same crime, and the juvenile protective disposition was committed several times due to the same kind of crime, despite the fact that the crime of this case was committed again during the period of probation, and there seems to be a high possibility of criticism for repeating the crime of this case.

However, there are favorable circumstances, such as the fact that the Defendant led to the Defendant’s confession of all of the instant crimes and recognized his mistake, that the victim was returned to the victims, that the Defendant’s mental health status appears not to be somewhat good due to labor-saving disorder, adult ADD, etc., and that such mental health status appears to have an impact on the instant crime.

As such, considering the unfavorable or favorable circumstances to the defendant, and taking into account all other circumstances, such as the age, character and conduct, environment, family relationship, motive and consequence of the crime, circumstances after the crime, etc., the sentence imposed by the court below is somewhat unreasonable.

The defendant's assertion of unfair sentencing is justified.

B. Article 25(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings Concerning the Encouragement, etc. of Judgment on Application for Compensation Orders stipulates that “The direct physical damage, medical expenses, and consolation money which occurred from the criminal act of the defendant in the defendant's case shall be ordered,” and the applicant's compensation shall be considered as a stolen product when he/she commits a crime under the judgment of the court below No. 2019Dadan1928, which is the subject of compensation. Accordingly, the direct physical damage therefrom shall be the

In addition, the records are examined.

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