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(영문) 서울북부지방법원 2016.05.26 2015노2287

재물손괴

Text

The judgment of the court below is reversed.

The sentence of sentence shall be suspended for the defendant.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence (200,000 won) imposed by the court below on the defendant is too unreasonable.

2. Although the judgment on the grounds of appeal did not agree with the victim, it is unfair that the court below's sentence is too unreasonable in light of the following circumstances: (a) although the defendant did not agree with the victim; (b) it is against the recognition of the crime of this case; (c) it has no record of punishment except for the fine of 1988 with the age of 76 years old; and (d) it is minor to the damage caused by the crime of this case; and (e) other various circumstances, such as the character and conduct of the defendant, the environment, the motive and background, means and methods of the

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows after pleading.

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

Application of Statutes

1. Relevant Article 366 of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Penalty fine of 200,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59(1) of the Criminal Act (including circumstances mentioned above) of the suspended sentence