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(영문) 서울중앙지방법원 2013.09.27 2013노2513
재물손괴
Text

The judgment of the court below is reversed.

A defendant shall be punished by a fine of 500,000 won.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of one million won) imposed by the lower court is too unreasonable.

2. The judgment of this case is a case where the defendant gets off in plastic form without any reason and damaged the victim's BMW car set, front-hander, etc., and the prosecutor corrected the facts charged of this case that "the prosecutor damaged the defendant to have approximately KRW 4,026,800 of the repair cost" as "the defendant damaged the defendant to have a substantial amount of the repair cost", and the defendant is the first offender, and the damage is being repaid as the scope of damage is determined in the civil procedure concerned, and all of the sentencing conditions of this case, including the defendant's age, character and behavior, environment, motive and circumstance of the crime, and circumstances after the crime, etc., are considered as inappropriate.

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.

[C] The summary of the facts constituting an offense and the summary of the evidence admitted by the court and the summary of the evidence are as follows: pursuant to Article 25(1) of the Rules on Criminal Procedure, the facts constituting an offense in the judgment of the court below ex officio were corrected as "a damage was inflicted to ensure that the amount equivalent to approximately KRW 4,026,80,00 of the repair cost has been damaged" among the facts constituting an offense in the judgment of the court below, and the summary of the evidence is identical to each corresponding column of the judgment of the court below, except for addition of "1. The defendant's oral statement was added" as stated in the summary of the

Application of Statutes

1. Article 36 of the Criminal Act and Article 366 of the Criminal Act concerning the crime, the choice of fines;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The sentencing period of Article 334(1) of the Criminal Procedure Act is the same as that of paragraph (2) prior to the reasons for sentencing.

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