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(영문) 서울동부지방법원 2015.12.11 2015노1078
절도
Text

The defendant's appeal is dismissed.

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

Reasons

1. The summary of the grounds for appeal by the defendant is that the sentence of the court below, which sentenced the defendant eight months of imprisonment, is unfair because it is too unreasonable, in light of the fact that the defendant suffers from yellow disorder for many years, and that the defendant agreed smoothly with the victim in the side of the defendant.

In light of the following circumstances: (a) the Defendant agreed with the victim during the trial; (b) the Defendant committed the instant crime without being familiar with the victim during the period of probation due to quasi-rape and larceny; (c) the damage from the instant crime was not recovered considerably; and (d) the Defendant’s age, environment, and relationship with the victim, etc., which are the conditions for sentencing, the sentence of the lower court is too unreasonable.

2. On the other hand, it is recognized that the application for compensation by the applicant for compensation is unreasonable to issue a compensation order to the defendant by agreement with the defendant.

3. Therefore, under Article 364(4) of the Criminal Procedure Act, the defendant's appeal shall be dismissed, and the application for compensation order filed by the applicant for compensation shall be dismissed in accordance with Article 32(1) and (2) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings. It is so

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