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(영문) 수원지방법원 2019.08.26 2019노2851
절도
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. The gist of the grounds for appeal asserts that the Defendant is too unafford by the lower court’s punishment (ten months of imprisonment) so as to be too unreasonable, and that the prosecutor asserts that the lower court’s punishment is too unafford and unreasonable.

2. Determination

A. In full view of the following: (a) the Defendant’s confessions and reflects the Defendant’s assertion of unfair sentencing by the Defendant and the prosecutor; (b) the Defendant did not have any criminal power as a youth of the age of 19; and (c) the Defendant’s father and large child have made efforts to reach an agreement with the victims; and (d) there seems to be considerable room for future rehabilitation; and (e) the Defendant has reached an agreement with all victims through additional agreements after the original sentence was rendered, the lower court’s sentence is too unreasonable.

Therefore, the defendant's assertion of unfair sentencing is reasonable, and the prosecutor's assertion of unfair sentencing is not accepted.

B. In a case where an appeal against a conviction of ex officio determination of a compensation order is filed, the compensation order is transferred to the appellate court along with the accused case (Article 33(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings), and the court below’s order for compensation ex officio is examined.

Since the defendant paid part of the amount of damage to B who is the applicant for compensation after the decision of the court below was rendered, and the applicant for compensation expressed his/her intention not to be punished against the defendant, it is not reasonable to issue an order for compensation because it falls under cases where the existence or scope of the above liability for compensation is unclear.

Therefore, the court below's compensation order cannot be maintained as it is.

3. In conclusion, the defendant's appeal is with merit, and the judgment of the court below is reversed, and it is again decided as follows (as long as the judgment of the court below is reversed on the grounds of the defendant's appeal, the prosecutor's appeal is not dismissed). The part of the court below's order for compensation among the judgment of the court below is

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