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(영문) 전주지방법원 2013.07.05 2013노401
재물손괴
Text

The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

Reasons

1. The sentence of the lower court (the fine of KRW 500,000) is too unreasonable in light of the overall sentencing conditions in light of the gist of the grounds for appeal.

2. On the ground that the apartment security guards, etc. residing by the defendant have passed a resolution at the general meeting of the residents of apartment houses, the defendant arbitrarily removed the flowers that had been raised for a long time from the apartment space, and there are circumstances to consider the motive or circumstance of having committed the instant crime. The defendant is aged, and the defendant lives with his children, and other factors such as the defendant's age, character and behavior, environment, criminal records, circumstances leading to the instant crime, means and results, etc., comprehensively taking into account the following factors: the defendant's age, character and behavior, environment, criminal records, circumstances leading to the instant crime; and the defendant's circumstances leading to the instant crime; therefore, the defendant's allegation of unfair sentencing is unfair because the court below's punishment is too unreasonable

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the appeal is again ruled as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 366 of the Criminal Act concerning the facts constituting an offense and Article 366 of the Selection of Punishment;

1. Penalty fine of 500,000 won to be suspended;

1. Articles 70 and 69(2) of the Criminal Act (50,000 won per day) of the Criminal Act for the inducement of a workhouse;

1. Article 59 (1) of the Criminal Act (Consideration favorable circumstances in front);

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