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(영문) 인천지방법원 2020.11.27 2020노469
재물손괴
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

except that the ruling shall be made for one year from the date of the final judgment.

Reasons

Summary of Grounds for Appeal

The punishment sentenced by the court below (six months of imprisonment, two years of suspended execution) is too unreasonable.

2. The Defendant’s crime of this case committed each of the following facts: (a) the Defendant’s each of the instant crimes committed the instant crime was committed by brushing the victim’s bridge part to the victim’s bridge part; and (b) in the case of the crime committed on August 12, 2019, the victim went to the female toilet of the building due to the Defendant’s crime; and (c) the Defendant entered the female toilet immediately after the crime. In light of the frequency of the crime; (d) the frequency of the crime; (e) the type and method of the act; (e) the tendency to commit each of the crimes; and (e) the circumstances after the crime, etc., are disadvantageous to the Defendant.

However, the fact that the defendant shows an attitude to recognize and reflect all crimes, and that some victims do not want to be punished against the defendant by agreement with some victims, and that they do not have any record of punishment exceeding the amount of punishment or punishment for the same kind of crime, is favorable to the defendant.

In addition, considering the defendant's age, character and conduct, environment, motive and background of the crime, means and consequence of the crime, various sentencing conditions as shown in the arguments in this case, such as the circumstances after the crime, etc., the sentence imposed by the court below is deemed to be too unreasonable, and thus the defendant's above assertion is reasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to facts constituting a crime and summary of evidence, and the summary of evidence is identical to each corresponding column of the judgment below. Thus, they are quoted as it is in accordance with Article 369

Application of Statutes

1. Article 366 of the Criminal Act and Article 366 of the Criminal Act concerning the applicable criminal facts and the choice of punishment;

1. The Criminal Act among concurrent crimes.

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