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(영문) 수원지방법원 2016.01.13 2015노4040

재물손괴

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. On July 3, 2015, the summary of the grounds for appeal by the defendant was not submitted within 20 days from the receipt of the notice of receipt of the records of trial on July 28, 2015, and the reason for appeal by the defendant is not stated in the petition of appeal by the defendant.

2. According to the records of ex officio determination, the Defendant was sentenced to eight months of imprisonment on August 11, 2015 with labor for a violation of the Game Industry Promotion Act, etc. in the support of Suwon Frigwon, etc., and the judgment became final and conclusive on November 27, 2015. As such, the crime of destroying property and the crime of violation of the Act on the Promotion of Game Industry, etc., which became final and conclusive in the judgment of the court below, shall be sentenced to punishment for the crime of destroying property as stated in the judgment of the court below in consideration of equity in the case where the judgment is to be rendered simultaneously in accordance with the first sentence of Article 37 of the Criminal Act, and the judgment of the court below is no longer maintained in this regard.

3. In conclusion, the court below did not render a decision to dismiss an appeal against the defendant on the ground that the defendant did not submit the grounds for appeal, and the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act, and it is again decided as follows after pleading.

Criminal facts

The summary of the defendant's criminal facts and the summary of the evidence acknowledged by this court is the first head of the judgment of the court below, which stated that "the defendant was sentenced to eight months in imprisonment on August 11, 2015 with prison labor for a violation of the Game Industry Promotion Act in the Support of Mangwon of Mangwon, and the judgment on November 27, 2015 became final and conclusive.

"A previous conviction in the judgment of the court below" is added and the summary of the evidence of the court below is the same as the corresponding part of the judgment of the court below, except for the addition of "a prior conviction in the judgment of the court below: a reply to inquiry, such as criminal history, an inquiry of summary information of the case, and a copy of each judgment". It is also cited in accordance

Application of Statutes

1. Criminal facts;