(영문) 대구지방법원 2017.10.20 2017노3496 | 리걸엔진

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(영문) 대구지방법원 2017.10.20 2017노3496

상습절도

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The defendant's appeal is dismissed.

The request of the applicant for compensation shall be dismissed.

Reasons

1. The sentence imposed by the lower court (ten months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. Determination

A. As to the reasons for appeal, there are favorable circumstances such as the Defendant’s confession of all the instant crimes and reflects his mistake, the amount of individual damage is not so significant, most of the victims do not want to punish the Defendant, and some of the damage items have been returned to the victims.

However, the crime of this case is habitually committed by the Defendant by opening a vehicle owned by an unspecified victim, and the nature of the crime is extremely poor in light of the method and frequency of the crime, and the Defendant is not guilty of having received juvenile protective disposition several times as the same crime for a short period of time, but has to find it difficult to find out the situation of the opening of the crime of this case.

In addition, if all of the sentencing conditions stated in the records and theories of this case, such as the defendant's age, sex, environment, motive and circumstance of the crime, and circumstances after the crime, are taken into account, the sentence imposed by the court below is too unreasonable.

B. An applicant for compensation as to an application for compensation order has damaged the theft damage amount and the Defendant’s vehicle spread in the trial at a party, and applied for compensation order in total of one million won at the repair cost. However, according to the records, the instant application for compensation is not clear in the scope of liability for compensation or it is not reasonable to issue an order for compensation in the criminal proceedings. Thus, this is not acceptable.

3. In conclusion, the Defendant’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the Defendant’s appeal is without merit, and the application for compensation by the applicant for compensation is dismissed in accordance with Article 32(1) and (2) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings. It is so decided as per Disposition.

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