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(영문) 대전지방법원 2020.04.23 2019노3619
재물손괴등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) of the lower court is too unreasonable.

2. The judgment of the Defendant is highly likely to criticize in that the Defendant committed each of the crimes of this case during the period of repeated crime, and repeated going away from the site without taking any measures despite causing an accident during driving without a license.

This is disadvantageous to the defendant.

However, the following can be taken into account in light of the following: (a) the fact that the Defendant recognized all of the instant crimes; (b) the damage to property and the crime of residential intrusion is relatively minor; and (c) the Defendant expressed his intent that the said victims would not wish to punish the Defendant because the Defendant agreed with the victim who suffered property damage and his/her residence intrusion.

In addition, considering the motive and background of the instant crime, means and methods, circumstances before and after the instant crime, Defendant’s age, character and conduct, environment, etc., and the result of the application of the sentencing guidelines of the Supreme Court Sentencing Committee, it is deemed that the sentence of the lower court is too unreasonable.

Therefore, the defendant's assertion of unfair sentencing is justified.

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

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to each corresponding column of the judgment below. Thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Criminal Act, Article 366 of the Criminal Act, Article 319(1) of the Criminal Act, Article 148 and Article 54(1) of the Road Traffic Act (the point of failing to take measures after an accident, the choice of imprisonment), and each of the Road Traffic Act.

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