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(영문) 대구지방법원 2015.11.06 2014노1622

재물손괴등

Text

All judgment of the court below shall be reversed.

Defendant shall be punished by a fine of KRW 4,500,000.

The above fine shall be imposed on the defendant.

Reasons

1. The summary of the grounds for appeal (the first instance judgment: the fine of KRW 500,00,000, and the second instance judgment: the fine of KRW 4 million) declared by the lower court is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal for ex officio determination.

As the consolidated defendant filed an appeal against the judgment below, each of the appeals cases was tried concurrently in the trial. As long as each of the facts alleged by the judgment of the court below is in a concurrent relationship under the former part of Article 37 of the Criminal Act, it shall be judged at the same time and sentenced to a single punishment. In this regard, the judgment of the court below cannot be maintained any more.

B. According to the records in the latter part of Article 37 of the Criminal Act as well as the records in this case, the defendant was sentenced to a suspended sentence of one year and six months at the Seoul Central District Court on February 11, 2015 to three years of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a deadly weapon, etc.), and the judgment became final and conclusive on February 24, 2015. As such, each of the crimes in this case and the violation of the Punishment of Violences, etc. Act (a violation of the Act on the Punishment of Violences, etc. (a deadly Weapons, etc.) for which judgment becomes final and conclusive as stated above are concurrent crimes under the latter part of Article 37 of the Criminal Act, and a sentence may be determined after considering the case of concurrent crimes under Article 39(1)

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, without examining the defendant's assertion of unfair sentencing, on the grounds of the above ex officio reversal, and it is again decided as follows.

Criminal facts

The summary of the facts charged by the court and the summary of the evidence are as follows. The defendant is at the Seoul Central District Court on February 11, 2015.