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(영문) 광주지방법원 2017.09.27 2017노2739

재물손괴등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

Reasons

1. The lower court’s sentencing is too unreasonable on the grounds of appeal.

2. Considering the fact that the crime of this case is not good, that the defendant committed the crime of this case again despite the previous conviction of several times, and that the defendant committed the crime of this case repeatedly despite the previous convictions of this case, and that the blood alcohol concentration is high, strict punishment against the defendant is necessary.

However, in consideration of the defendant's age, sex and environment, motive, means and consequence of the crime, and other conditions of sentencing specified in the arguments of this case, the court below's punishment against the defendant is too unreasonable, since it is recognized that the defendant's punishment against the defendant is too excessive and unfair, since the defendant's punishment against the defendant is too unreasonable, since it is recognized that the degree of injury suffered by the victims is not excessive, the defendant agreed with the victim C andJ at the court below, the defendant reached an agreement with all victims by mutual agreement with the victim L and M during the trial of the defendant, the defendant did not have a criminal record exceeding the fine, the defendant's health was not good, and there is a family member to support the defendant.

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.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court is identical to the facts stated in the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 366 of the Criminal Act, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing damage to property), Article 148-2 (2) 2, Article 44 (1) (the point of driving alcohol), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

1. The aggravated Criminal Act for concurrent crimes.