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(영문) 전주지방법원 2018.09.05 2018노736
공용물건손상
Text

The judgment of the court below is reversed.

Defendants shall be punished by a fine of KRW 700,000.

(2) the date of this judgment.

Reasons

1. The main point of the grounds for appeal is that the punishment of the lower court (for each of the Defendants, KRW 700,000) is too unreasonable.

2. In full view of all the circumstances that form the conditions for the sentencing of the instant case, including the Defendants’ age, sex, environment, family relationship, circumstances after the commission of the crime, etc., the sentence of the lower court against the Defendants seems to be too unreasonable and unfair, since it is deemed that the Defendants’ punishment against the Defendants is too unreasonable, on the grounds that there is no record of criminal punishment except for the punishment of small amounts for the crime of double-class crimes, and the Defendants did not have to satisfly paid pine trees for unjust purposes. The Defendants’ assertion is reasonable.

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

Criminal facts

The summary of the facts charged against the Defendants and the summary of the evidence recognized by this court is the same as the relevant column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. The Defendants of the relevant legal provisions concerning criminal facts: Articles 141(1) and 30 of the Criminal Act;

1. Defendants subject to suspended execution: The main sentence of Article 62(1) of the Criminal Act (the favorable circumstances in determining the grounds for the above appeal);

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act (where a sentence of suspension of execution is invalidated or revoked);

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