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(영문) 인천지방법원 2013.11.29 2013노2702

폭력행위등처벌에관한법률위반(상습재물손괴등)

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is only punishable with the crime of injury and the crime of assault, and it is wrong to punish the defendant as a crime of violating the Punishment of Violences, etc. Act (Habitual destruction, Damage, etc.).

(Lawiosio). 2. Habitually defined in Article 2(1) of the Punishment of Violences, etc. Act does not mean only habitual violence between each of the crimes listed in each of the subparagraphs of the same paragraph, but it is reasonable to interpret that it means the habition of all of the crimes listed in each of the subparagraphs of the same paragraph. Thus, if a person with the above habition has committed other crimes of the crimes of the same kind listed in each of the subparagraphs of Article 2(1) of the Punishment of Violences, etc. Act, each of the above acts constitutes a blanket crime of the most severe statutory penalty among the subparagraphs.

(2) In light of the records of evidence duly adopted by the lower court, the Defendant issued a summary order of KRW 500,000 as a crime of injury on August 1, 201, and was sentenced to a fine of KRW 1.5 million by the same court on September 1, 201, and on June 11, 2012, the Defendant was sentenced to a fine of KRW 500,000 as a crime of injury. On June 11, 2012, the same court issued a summary order of KRW 500,000 as a crime of assault, and can be recognized the fact that the Defendant was punished on 22 occasions with the same kind of power, such as the crime of injury, assault, and property damage, and the Defendant’s criminal power, the number of crimes, the frequency of crimes, and the same kind of crimes, etc., and thus, the Defendant’s ground for appeal is without merit.

3. In conclusion, the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

(However, since it is evident that there is an error in the judgment of the court below, it is corrected that a fine of one million won is changed to a fine of 1.5 million won in accordance with Article 25 of the Rules on Criminal Procedure.