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(영문) 서울동부지방법원 2015.11.20 2015노924

재물손괴등

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 300,000.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of KRW 700,00) of the lower court against the Defendant is too unreasonable.

2. The crime of this case is deemed to be unfair in light of the following circumstances: (a) even though it is deemed that the crime of this case was committed merely because the victim suffered inconvenience due to the operation of the vehicle of the victim, and the nature of the crime cannot be easily viewed by assaulting the victim and destroying the part of the vehicle; (b) however, considering the fact that the defendant was recognized to have committed the crime in the first instance; (c) the degree of damage is relatively minor; (d) the defendant’s economic situation is difficult; and (e) other circumstances that are the sentencing

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

[Discied Judgment] The summary of facts constituting an offense and evidence presented by the court is the same as that stated in each corresponding column of the judgment of the court below. Thus, it is citing it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant law, Article 366 of the Criminal Act that applies to the crime, the choice of punishment, and Article 260 (1) of the Criminal Act (the point of causing violence);

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

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