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(영문) 창원지방법원 2016.10.06 2016노2107
공용물건손상등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (six months of imprisonment) is too unreasonable.

2. The following facts are the most favorable reasons for sentencing: (a) the Defendant’s assaulted the victim and was investigated by the police box, thereby causing injury to the victim; (b) the Defendant’s violent crime was committed five times; (c) the Defendant has agreed with the victim at the trial; (d) the confession of the crime was made; (e) the Defendant was committed against the victim; (c) the injury was fully compensated by the damage to public goods; (d) the degree of injury was not excessive; (e) the Defendant suffered from cerebrs; and (e) the Defendant was detained for a period of up to one month.

In full view of the above sentencing factors, in light of the Defendant’s age, family relation, economic situation, background and motive leading to the commission of the crime, and all other matters regarding the sentencing indicated in the records and arguments in this case, the sentence of the lower judgment is deemed unreasonable, and thus, the Defendant’s assertion is with merit.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns 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 260 (1) of the Criminal Act, Article 260 (1) of the Criminal Act (the point of violence), Article 257 (1) of the Criminal Act (the point of injury), Article 141 (1) of the Criminal Act (the point of damage to public goods) of the Criminal Act, the choice of imprisonment for

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the suspension of execution;

1. Probation under Article 62-2 of the Criminal Act;

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