Defendant

Defendant

Seoul Western District Court Order 2014co77 dated August 4, 2014

The appeal of this case is dismissed.

1. The claimant's assertion;

Although the Defendant was prosecuted for violating the Act on the Aggravated Punishment, etc. of Specific Crimes and sentenced to one year and six months of imprisonment in the first instance court, the appellate court rendered a verdict of not guilty for this, and was sentenced to a fine of KRW 3,000,000 (1,00,000 per day of detention in the workhouse) on the ground that only the crime of embezzlement of stolen articles added as a preliminary charge was found guilty (hereinafter “the case of innocence”), and the lower court, despite the fact that the Defendant’s application for criminal compensation for the number of days of detention should be accepted, dismissed.

2. Determination

In light of the records, the appellate court of the acquittald case found the facts that "the claimant left the bank of the victim containing 1,630,000 won in cash," and found the defendant not guilty of the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, which is the primary charge of larceny, solely based on the legal judgment to the effect that "the defendant's act can only be viewed as the crime of embezzlement of stolen because the victim's act is a thing that has left the bank on the front of the convenience store, and thus the defendant's act can be viewed as a crime of embezzlement of stolen," and found the defendant guilty of the embezzlement of stolen property, which is the primary charge. It does not constitute "the case where the petitioner becomes final and conclusive after having received the verdict of innocence" as provided by Article 2 (1) of the Criminal Compensation and Restoration of Honor Act (hereinafter "Criminal Compensation Act").

Therefore, the lower court’s judgment that did not accept the claimant’s claim on criminal compensation is justifiable.

3. Conclusion

Therefore, the appellant's appeal of this case is without merit, and it is dismissed in accordance with Article 414 (1) of the Criminal Procedure Act. It is so decided as per Disposition.

Judges Kim Yong-An (Presiding Judge)