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(영문) 대구지방법원 2019.11.29 2019노1959
폭력행위등처벌에관한법률위반(공동재물손괴등)등
Text

The judgment of the court below is reversed.

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

The above fine shall not be paid by the defendant.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (one million won of fine) is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal ex officio.

According to the records, the defendant was sentenced to imprisonment for one year by committing a violation of the Punishment of Violences, etc. Act (joint conflict) at the Daegu District Court on January 31, 2019 (Tgu District Court 2018No4071). The defendant appealed against the above judgment, but voluntarily withdrawn the appeal on February 14, 2019, and the above judgment became final and conclusive around that time.

Each of the crimes of this case is a concurrent crime under the latter part of Article 37 of the Criminal Act between the crime of violation of the Punishment of Violences, etc. Act (joint conflict) for which judgment has become final and conclusive and the crime of this case is concurrent crime under the latter part of Article 39(1) of the Criminal Act, and after considering equity and examining whether to reduce or exempt punishment, the judgment of the court below without considering

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without having to decide on the defendant's assertion of unfair sentencing, and it is again decided as follows.

Criminal facts

The summary of the facts charged and evidence against the defendant recognized by this court is as follows: "The defendant was sentenced to one year of imprisonment by the Daegu District Court on January 31, 2019 due to a violation of the Punishment of Violences, etc. Act (joint conflict) at the Daegu District Court on February 14, 2019, and the judgment became final and conclusive on February 14, 2019." The summary of the evidence is as stated in the corresponding column of the judgment of the court below, except for adding "1. criminal records: the result of the case search, the result of the case search, and the copy of the decision of 2018No4071, the Daegu District Court" to the summary of the evidence. Thus, all of them are cited pursuant

Application of Statutes

1. The relevant Article of the facts constituting the crime and the choice of punishment, etc.;

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