The case holding that it is reasonable to not pay all criminal compensation in full.

If the defendant was found not guilty because he had caused mental division at the time of committing the crime, it constitutes a case where he was found not guilty under Article 10(1) of the Criminal Compensation Act under Article 3(1) of the Criminal Compensation Act. Therefore, it is reasonable that the criminal compensation should not be paid in full in consideration of all the circumstances shown in the case record.

Article 3 of the Criminal Compensation Act, Article 10 of the Criminal Act

Claimant

The claim of this case is dismissed.

On April 22, 1971, the claimant asserted as the cause of the crime of this case was released from the court below on April 21, 1971. At the same time, the claimant was released from the court below on April 21, 1971, and the victim was locked to the water level room in Seongdong-gu Seoul, Seongdong-gu, Seoul, and there was no fact that the victim was locked at that place. The claimant did assault the victim at the same time and place, thereby causing the death, and the defendant was detained on May 6 of the same year, and the Seoul Criminal Court sentenced two years of imprisonment at the Seoul Criminal Court but was released from the Seoul Criminal Court on February 1, 1972 on the same date, and the facts charged were clarified by the prosecutor at the Seoul Criminal Court on the same time, and thus, the judgment of acquittal became final and conclusive on the grounds that the claimant was detained for 17 years of imprisonment with prison labor and 271 days of imprisonment with prison labor and 50 days of detention by the defendant.

Therefore, it is reasonable that the Criminal Compensation Act does not pay all criminal compensation if it constitutes a case of being acquitted under Article 10(1) of the Criminal Act stipulated in Article 3 subparag. 1 of the Criminal Compensation Act, and if all the circumstances revealed in the case records are taken into account. Thus, the claim for this case is groundless. Thus, it is decided as per Disposition under Article 16(2) of the Criminal Compensation Act.

Judges Shin Jae-chul (Presiding Judge)