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(영문) 광주지방법원 2014.06.18 2014노123
재물손괴등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. The summary of the grounds for appeal (the first instance court: imprisonment with prison labor for 6 months and the second instance: imprisonment with prison labor for 7 months) of the lower court is too unreasonable;

2. Before determining the grounds for appeal by the defendant, this Court tried by examining the appeal cases against the two original judgments by combining them, and each of the crimes in the decision of the original court are concurrent crimes under the former part of Article 37 of the Criminal Act and should be sentenced to punishment pursuant to Article 38(1) of the Criminal Act. In this regard, the original judgment cannot be maintained any more.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the grounds for appeal of the defendant, since the above grounds for reversal ex officio as seen earlier exist, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by this court is as follows, except for the deletion of the part of the criminal records of the first head of the second judgment, and therefore, it is identical to the corresponding column of each judgment of the court below. Thus, it is acceptable in accordance with Article 369 of the

Application of Statutes

1. Relevant Article 366 of the Criminal Act, the choice of punishment for the crime, Article 366 of the Criminal Act, Article 260 (1) of the Criminal Act, Article 314 (1) of the Criminal Act, Article 136 (1) of the Criminal Act, the choice of punishment for the crime;

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, multiple criminal offenses committed against the Defendant for the reason of sentencing under the former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act, including assault, obstruction of business, and obstruction of performance of official duties, among which, the criminal records of imprisonment have been committed four times or more, and the Defendant, who was sentenced to five months of imprisonment on November 29, 2012 due to damage to goods for public use or obstruction of business, etc. on April 28, 2013, committed each of the crimes in this case during the repeated crime period in which the execution of the sentence was completed.

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