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(영문) 인천지방법원 2015.01.23 2013노3606
재물손괴등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of three million won.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the penalty imposed by the court below on the defendant (three million won of a fine) is too unreasonable.

2. According to the evidence duly adopted and examined by the court below on November 21, 2012, the defendant was sentenced to imprisonment with prison labor and four years on April 26, 2013 by the Incheon District Court on November 21, 2012, and the judgment became final and conclusive on April 26, 2013. Since each of the crimes in the judgment of the court below is in concurrent crimes under the latter part of Article 37 of the Criminal Act with the above injury crime for which judgment became final and conclusive, a punishment shall be determined after examining whether to reduce or exempt punishment in consideration of equity and cases where a judgment is concurrently rendered pursuant to Article 39(1) of the Criminal Act. Since the application of the statutes of the court below was omitted, the judgment below cannot be maintained as it did not deal with

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

Criminal facts

The summary of the facts charged and the evidence admitted by this court is to add "the defendant was sentenced to imprisonment with prison labor of one year and four months for the crime of injury, etc. at the Incheon District Court on November 21, 2012 and the above judgment became final and conclusive on April 26, 2013" to the preceding part of the facts charged, and "1........." The summary of the evidence is to add "the last part of the judgment: the case search by the Incheon District Court on April 26, 2012, and the Incheon District Court on February 2012, 2012, and the Incheon District Court on April 20, 2013" to each corresponding part of the judgment below

Application of Statutes

1. Relevant Article 366 of the Criminal Act, Article 283 (1) of the Criminal Act, and Article 283 of the Criminal Act, the choice of fines for the crime;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The Criminal Act among concurrent crimes.

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