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(영문) 의정부지방법원 2019.02.12 2018노2899

특수재물손괴등

Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

(b)Article 44, Section 1 (a point of sound driving), Section 329 (a point of larceny) of the Criminal Act and the choice of imprisonment, respectively;

1. From among concurrent crimes, the reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (aggravated Punishment, etc. of Specific Crimes (aggravated Punishment, etc. of Specific Crimes with the largest punishment) appears to be the attitude of the defendant to recognize and reflect all of the crimes in the trial at the trial, and the fact that the damage caused by the instant traffic accident is relatively weak, and that the amount of the thief damage is not significant, is favorable to the defendant.

On the other hand, the defendant had a record of being punished for multiple times of violence, and committed each of the crimes of this case again even though he had been sentenced to a suspended sentence due to the crime of injury in 2017, even though he had been under the suspended sentence, the defendant had a record of being punished three times due to drinking driving, and that he did not agree with the victims or have not recovered from damage is disadvantageous to the defendant.

The sentencing guidelines set by the Sentencing Committee of the Supreme Court and the sentencing guidelines set by the Sentencing Committee are more favorable to the basic area (Scope of recommendations) of category 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Act on the Aggravated Punishment, etc. of Road Traffic [the scope of recommendations] [the scope of recommendations] the aggravated area (8 months and 2 years) of the Act on the Aggravated Punishment, etc. of Specific Crimes [the scope of recommendations] of the first concurrent crimes of larceny [the scope of recommendations] of Type 2 of the Basic Area (6 months-1 and 6 months) of the Act on the Aggravated Punishment, etc. of Specific Crimes (the scope of recommendations] of the second category of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Crimes of Violation of the Road Traffic Act (the Act on the Aggravated Punishment, etc. of Specific Crimes) [the scope of recommendations] of the final sentencing standards set by the sentencing guidelines revised on August 15, 2018: 8-3 months and three months (2 months/6 months and six months and six months).