beta
(영문) 서울남부지방법원 2020.07.21 2019노1277

재물손괴등

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of two million won.

, however, for one year from the date this judgment became final and conclusive.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of two million won) of the lower court is too unreasonable.

2. On January 24, 2019, the Defendant was sentenced to six months of imprisonment with prison labor for special larceny, etc. at the Daejeon District Court, two years of suspended execution, and probation. On February 1, 2019, the said judgment became final and conclusive on February 1, 2019.

Since the crime of larceny and other concurrent crimes in the latter part of Article 37 of the Criminal Act against the defendant in which the judgment of the court below has become final and conclusive, the sentence should be imposed in consideration of equity in the case of concurrent judgment pursuant to Article 39(1) of the Criminal Act, the judgment of the court below is no longer maintained

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground that the above ground for ex officio reversal exists, and it is again decided as follows.

【Grounds for the Judgment of the Supreme Court, 【The facts of crime and evidence admitted by the Court” as stated in the first head of the judgment of the court below, “The defendant was sentenced to six months of imprisonment with prison labor due to special larceny, etc. at the Daejeon District Court on January 24, 2019, two years of suspended execution, and probation, and the above judgment became final and conclusive on February 1, 2019,” and “a summary of evidence” at the end of the word “the facts of crime and evidence.”

1. A statement on criminal records, etc.;

1. Except for addition of "any significant fact in this Court", it is identical to each corresponding column of the judgment of the court below, and thus, it shall be quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act, Article 366 of the Criminal Act, Article 167 (2) of the Criminal Act, and Article 167 of the Criminal Act, the selection of a fine for each crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act.