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(영문) 수원지방법원 2017.08.14 2016노6557
재물손괴
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 700,000.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal is unfair because it is too unreasonable that the sentence (one million won in penalty) imposed by the court below against the defendant is too unreasonable.

2. Prior to the judgment on the grounds for appeal, the facts that the defendant was sentenced to four months of imprisonment with prison labor on July 20, 2016, on the grounds of damage to public goods in Sungnam branch of Suwon branch of Suwon branch of the court below on July 20, 2016, which became final and conclusive on January 2, 2017 are apparent in the record. Since the crime of the judgment of the court below and the above public goods damage to the defendant, which became final and conclusive on January 2, 2017, are concurrent crimes of the latter part of Article 37 of the Criminal Act, a punishment for the crime of the court below shall be imposed in consideration of equity with the case where the judgment is to be rendered at the same time in accordance with the first sentence of

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed and it is again decided as follows.

[Re-written judgment] The summary of criminal facts and evidence against the defendant recognized by this court is all criminal facts of the judgment below and the judgment below became final and conclusive on January 2, 2017.

“A previous conviction in the judgment of the court below” shall be cited in accordance with Article 369 of the Criminal Procedure Act, except for addition of “a copy of the case’s summary information inquiry,” and “a copy of the judgment of the court of first instance” to the last sentence of the evidence.

Application of Statutes

1. Article 366 of the Criminal Act applicable to the facts constituting a crime and Article 366 of the choice of punishment;

1. The first sentence of Article 37 of the Criminal Act to treat concurrent crimes: Provided, That the first sentence of Article 39 (1) shall be applicable;

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

1. The defendant has several reasons for sentencing of Article 334(1) of the Criminal Procedure Act.

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