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(영문) 춘천지방법원 강릉지원 2018.02.22 2017노626

재물손괴등

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 10 million.

The above fine shall not be paid by the defendant.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (4 months of imprisonment) is too unreasonable.

2. The following facts are that the Defendant had a record of criminal punishment, including several criminal punishment, due to violent crimes, and that the Defendant committed a crime of destroying property at least four months after release, and that the Defendant again committed a crime of destroying special property during a trial on the above crime, which is disadvantageous to the Defendant.

On the other hand, however, the defendant recognized his mistake and reflected his mistake.

All of the crimes of this case were damaged by damage to property, and not only the damage is minor, but also the victims do not want punishment of the defendant.

In the case of the crime of damaging special property, there are some circumstances that can be considered in the process of finding children.

Considering these circumstances favorable to the defendant, taking into account the circumstances favorable to the defendant, and taking into account various sentencing conditions as shown in the records and arguments, such as the age, character and conduct environment of the defendant and the circumstances before and after the crime, the sentence imposed by the court below is deemed unfair.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence against the defendant recognized by the court and the summary of the evidence are as stated in the corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 366 of the Criminal Act concerning the facts constituting an offense, and Articles 369 (1) and 366 of the Criminal Act concerning the choice of punishment (the point of destroying property and the choice of a fine);

1. Aggravation of concurrent crimes: the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment as provided for in the crime of destroying any special property, the punishment of which is heavier);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The order of provisional payment;