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(영문) 서울중앙지방법원 2019.05.30 2018노2310 (1)
재물손괴등
Text

The first original judgment shall be reversed.

The sentence against the accused shall be 1.5 million won.

The above fine shall be imposed on the defendant.

Reasons

1. Summary of grounds for appeal;

A. Mental and physical disability (the second judgment) was in a state of mental disability, the mental and physical disorder of which is not clear, since the Defendant took a mental and medical prescription at the time of committing the instant crime of interference with business.

B. The sentence sentenced by the court below on unreasonable sentencing (the first sentence: a fine of 1.5 million won, and the second sentence: a fine of 700,000 won) is too unreasonable.

2. Although the defendant filed each appeal against the judgment of the court below and decided to concurrently examine each of the above appeals cases, the crime of the judgment of the court of first instance is one of the concurrent crimes with the crime of violence for which judgment has become final and the crime of the latter part of Article 37 of the Criminal Act, and the crime of the judgment of the court of second instance should be punished separately from the crime of the judgment of the court of second instance as to the crime of the crime of the crime of the concurrent crimes

According to the records of ex officio determination on the judgment of the first instance court, the defendant appealeded on December 1, 2017 by a sentence of eight months to imprisonment with prison labor for fraud, etc. on the part of this court, but withdrawal of appeal on December 12 of the same year, thereby recognizing the fact that the above judgment became final and conclusive. Each of the crimes in the judgment of the first instance against the defendant is in a concurrent relationship with the above crime for which the judgment becomes final and conclusive under the latter part of Article 37 of the Criminal Act, and should be determined after examining whether to reduce or exempt the punishment by taking into account equity with the case where the judgment

In this respect, the first judgment can not be maintained as it is.

B. According to the evidence duly adopted and examined by the second instance court's judgment on the judgment of the second instance court's judgment, the defendant asserted that he/she took the mentally and physically weak drugs immediately after the crime of interference with the business of this case, but there is no ground to acknowledge this. Even if he/she taken a drug, all the circumstances, such as the defendant and the victim's statement and the circumstances before and after the crime, etc.

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