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(영문) 인천지방법원 2017.11.08 2017노3306
특수절도
Text

The prosecutor's appeal is dismissed.

The Defendant paid 4,424,800 won to the applicant X. The above compensation order shall be given.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the lower court (two years of imprisonment) is deemed to be too unhutiled and unfair.

2. In light of the various sentencing conditions shown in the instant records and arguments regarding the grounds for appeal, the lower court’s punishment is too unfasible and unreasonable, even considering the circumstances alleged by the prosecutor on the grounds of appeal.

3. Recognizing that the Defendant’s charges of larceny against X of the applicant for the compensation order is guilty, and that the Defendant recognized the fact that the amount of the instant theft damage of the above X was 4,424,800, the Defendant is obliged to pay the above X KRW 4,424,80.

4. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the prosecutor's appeal is without merit, and the applicant X's application for compensation filed in the trial is with merit, and thus, it is accepted in accordance with Articles 25 (1) and 31 (1) and (2) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings and attaching a provisional execution order to the above order for compensation pursuant to Article 31 (3) of the same Act. It is so decided as per Disposition.

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