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(영문) 광주지방법원 2016.02.02 2015노3196
재물손괴
Text

The judgment of the court below is reversed.

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

The above fine shall not be paid by the defendant.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (4 months of imprisonment) is too unreasonable.

2. In full view of the fact that the Defendant was aged 82 years old, that the sum of the damaged property value is not more than KRW 2.40,00,000, and that the Defendant’s economic situation is not good, the lower court’s punishment is too unreasonable.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled as follows after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as shown in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Criminal Act and Article 366 of the Criminal Act concerning the facts constituting a crime;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment as provided for in the crime of property damage to a victim F with heavier punishment);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act include the crime of destroying property, the crime of destroying property, the crime of obstructing duties, and the crime of assault, etc., committed several times of criminal punishment, and the crime of destroying property in 2013, the elements for disadvantageous sentencing, such as imprisonment with prison labor for six months of the suspension of execution, two years of the suspension of execution, two years of the suspension of execution, and two years of the suspension of execution in 2014, which were sentenced to the crime in this case during the suspension of execution, and the defendant committed the crime in this case under the condition that he suffered from dementia due to the age of 82 years of age, and the recognition ability is lowered, and the total value of damaged property is not more than KRW 2.40,00 won, favorable sentencing factors such as the defendant's age, sex, environment, and the circumstances after the crime, etc., and other conditions for sentencing indicated in the record and the theory of changes.

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