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(영문) 광주지방법원 2013.07.24 2013노1009
공용물건손상
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 that the court below sentenced the defendant to the penalty (700,000 won) is too unreasonable.

2. According to the evidence duly adopted and examined by the lower court and the lower court on December 21, 2012, prior to the judgment on the Defendant’s assertion of unfair sentencing, the Defendant was sentenced to imprisonment for eight months and medical treatment and custody for damage to public goods in the Jeonju District Court’s mountain support [2012 Gohap284, 2012Ga7]; the Defendant appealed on April 2, 2013; however, the appeal was dismissed on April 2, 2013 [2013No11, 2013Gano1, 2013Gano1, a consolidation]; the Defendant appealed on May 7, 2013 (Supreme Court Decision 2013Do4132), and the Defendant’s appeal was withdrawn on May 7, 2013 (Supreme Court Decision 2013Do4132), and the crime of this case can be recognized as having become final and conclusive on the same day, and the lower court’s judgment cannot be mitigated or exempted from punishment at the same time in consideration of equity.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground that the above ground for reversal ex officio is reversed, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by this court is all the criminal facts of the judgment of the court below, adding "the defendant was sentenced to 8 months of imprisonment and medical treatment and custody on December 21, 2012 due to the crime of damage to public goods in the military support of the Jeonju District Court on May 7, 2013" to all the criminal facts of the judgment of the court below, and "the above judgment became final and conclusive on May 7, 2013" to the summary of the evidence "1. The previous records of the judgment of the court of first instance: each judgment [the Jeonju District Court of the Jeonju District, 2012 High Court of the Jeonju District, 2013No11, 2013No1 (combined)].

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