(영문) 서울북부지방법원 2019.10.18 2019노1165

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(영문) 서울북부지방법원 2019.10.18 2019노1165

야간주거침입절도등

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The judgment of the court below is reversed, and the compensation order against the applicant for compensation is revoked.

The defendant shall be sentenced to one year of imprisonment.

Reasons

1. The summary of the grounds for appeal (e.g., both punishment and imprisonment) imposed by the lower court on the Defendant is too unreasonable.

2. An order for compensation pursuant to Article 25 (1) of the Act on Special Cases concerning the Promotion, etc. of Ex officio Proceedings Concerning the Part of Order for Compensation is a system that intends to seek the recovery of damage suffered by a victim simply and promptly by issuing an order for compensation to the accused only when the amount of damage suffered by a victim is specified in the criminal act of the accused and the scope of the accused's liability for compensation is clear. According to Article 25 (3) 3 of the same Act, where the existence or scope of the accused's liability for compensation is unclear, an order for compensation shall not be issued, and in such case, an application for compensation

(Supreme Court Decision 2012Do7144 Decided August 20, 2012). According to the records of this case, it is recognized that the defendant’s defense counsel remitted KRW 630,00 to the victim B on October 2, 2019. On the same day, the victim was fully paid KRW 630,000 from the defendant with the death and agreed that the victim was fully agreed upon with the defendant. The scope of the defendant’s liability for compensation is clear by the agreement between the above victim, who is the applicant for compensation, at the trial of the court below.

Therefore, the application for compensation order by the applicant for compensation by the court below should be dismissed, so this part of the judgment of the court below cannot be maintained any more.

3. As to the grounds for appeal, the Defendant had been punished several times for the same kind of crime, and the Defendant repeatedly committed each of the instant crimes without being aware of the fact that he/she had completed the execution of imprisonment with prison labor due to such crime, and even though he/she was in the period of repeated crime.

The defendant intrudes upon another person's residence at night or during the new wall hours, and colors the victim's residence in the process.

참조조문

-소송촉진 등에 관한 특례법 제25조 제1항

참조판례

-대법원 2012. 8. 30. 선고 2012도7144 판결

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