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(영문) 부산지방법원 2019.03.22 2018노4537
절도등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

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

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (one year of imprisonment) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. Determination

A. We examine the Defendant’s assertion of unreasonable sentencing as to the grounds for appeal regarding the Defendant case, together with the Prosecutor’s allegation of unfair sentencing, and the Defendant repeatedly steals the Defendant over a long-term period, and the amount of damage is not significant, and the Defendant committed the instant crime in order to raise the gambling fund is disadvantageous to the Defendant.

However, in light of the fact that the defendant is the first offender, the defendant recognized all the crimes, and divided his mistake, and the victim's considerable amount of damage was recovered in the trial by mutual consent with the victim B, and the victim did not want the punishment, and other matters concerning the sentencing as stated in the arguments of this case, such as the defendant's age, character and conduct, environment, family relationship, social relationship, and circumstances after the crime, the defendant's argument is reasonable, and the prosecutor's argument is without merit.

B. In a case where an appeal against an ex officio judgment of conviction as to the part of the order for compensation by the court below is filed, the confirmation of the order for compensation is interrupted even without an objection to the order for compensation, and the order for compensation is transferred to the appellate court along with the defendant's case (Article 33(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings). The order for compensation pursuant to Article 25(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings intends to seek a simple and prompt recovery of damage by ordering compensation to the defendant only when the amount of direct property damage suffered by the victim of the criminal act is specified and the scope of the defendant's liability is apparent. Thus, according to Article 25(3)3 of

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