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The defendant's appeal is dismissed.
Reasons
1. The lower court rejected the application for compensation filed against B, an applicant for compensation, who is the lower court, and the applicant for compensation is not entitled to file an objection against the judgment dismissing the application for compensation order (Article 32(4) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings), and this part was immediately finalized.
Therefore, the rejection of an application for compensation order among the judgment below is excluded from the scope of the trial of this court.
2. The summary of the reasons for appeal (six months of imprisonment) by the lower court is too unreasonable.
3. Under the Korean Criminal Procedure Act, which takes the trial-oriented principle and the principle of directness, there is no change in the conditions of sentencing compared to the first instance court, and where the first instance court’s sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect it.
(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Based on the foregoing legal doctrine, there are circumstances that consider the circumstances, such as (i) the following: (a) the Defendant did not change the conditions of sentencing compared to the lower court’s failure to submit any particular new sentencing data; (b) the Defendant recognized the commission of a crime; (c) there was an agreement with the victim B and D; (d) some of the crimes were committed; (b) the Defendant was committed in attempted crimes; and (c) the Defendant was supported by the Defendant. However, such circumstances appear to have been reflected in the lower court’s sentencing; (d) the Defendant had the history of having been punished several times for the same thief crimes; (b) the Defendant repeatedly committed the thief crimes; and (c) the Defendant committed the instant thief even during the period of repeated crimes; and (d) the Defendant’s age, character and conduct, environment, motive and circumstance of the crime; and (e) the circumstances after the crime.
Therefore, the defendant's assertion is without merit.
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