(영문) 인천지방법원 2013.11.29 2013노2656 | 리걸엔진

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(영문) 인천지방법원 2013.11.29 2013노2656

야간건조물침입절도등

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The defendant's appeal is dismissed.

An application for compensation by an applicant for compensation shall be dismissed.

Reasons

1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the lower court’s imprisonment (six months of imprisonment) against the Defendant is too unreasonable.

2. We examine the judgment, the Defendant recognized all the crimes of this case and reflects the Defendant’s mistake in depth, there are circumstances that can be considered in the process of the Defendant committing the crime of this case, and the Defendant has no record of punishment exceeding the same kind and fine, etc. in favor of the Defendant.

However, the court below seems to have determined punishment by fully considering the circumstances favorable to the defendant, and there is no change of circumstances that could differ from the judgment of the court below, such as agreement with the victims up to the trial. Each of the crimes of this case is committed repeatedly for about five months by the defendant, and it is not good that the crime is committed repeatedly, and the total amount of damage is not substantial, and other various sentencing conditions in the records and arguments, such as the defendant's age, happiness, family environment, circumstances before and after the crime, etc., are taken into account. It is not unreasonable that the court below's punishment against the defendant is too unreasonable.

3. An order for compensation pursuant to Article 25(1) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings Concerning the Determination of Application for Compensation Orders is a system that specifies the amount of damage to direct property damage suffered by a victim of a criminal act of a defendant, and intends to order compensation from the defendant only when the scope of the defendant's liability for compensation is evident. Under Article 25(3)3 of the aforesaid Act, when the existence or scope of the defendant's liability for compensation is unclear, an order for compensation shall not be issued, or in such case, an application for compensation order shall be dismissed pursuant to Article 32(1) of the aforesaid Act.

Supreme Court Decision 199Na1488 delivered on June 11, 1996

참조조문

-소송촉진 등에 관한 특례법 제25조 제1항

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