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(영문) 춘천지방법원 2020.10.07 2020노239
재물손괴등
Text

The defendant's appeal is dismissed.

Reasons

1. The court below rejected the application for compensation order D or E, which is the applicant for compensation, and since the court's decision was immediately finalized because the applicant cannot file an objection against the judgment dismissing the application for compensation order pursuant to Article 32 (4) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc., the part of rejection of the application for compensation order by the court below is excluded from

2. The decision of the court below on the gist of the grounds for appeal (one year and six months of imprisonment) is too unreasonable.

3. The determination of sentencing is based on the statutory penalty, with a discretionary determination that takes place within a reasonable and appropriate scope, taking into account the factors constituting the conditions for sentencing prescribed in Article 51 of the Criminal Act, based on which our Criminal Procedure Act, which takes the trial-oriented principle and the principle of directness, has the unique area of the first instance court

In addition, considering these circumstances and the ex post facto nature of the appellate court, it is reasonable to respect the sentencing conditions in the event that there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, and to refrain from rendering a sentence that does not differ from the first instance court on the sole ground that the sentence of the first instance falls within the reasonable scope of discretion, even though the sentence of the first instance court is somewhat different from the opinion of the appellate court,

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). There is no significant change in circumstances that may consider the sentencing of the Defendant following the pronouncement of the lower judgment.

Recognizing the crime, the defendant is against himself, and he agreed with some of the victims.

However, there are many criminal records related to violence, and they committed the crime of this case without being subject to suspended execution due to the same crime.

In addition to these circumstances, the sentencing conditions shown in the records and arguments of this case, including the defendant's age, character and conduct, environment, motive and background of the crime, and circumstances after the crime.

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