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(영문) 춘천지방법원 2014.05.14 2013노579
재물손괴등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,500,000.

The above fine shall not be paid by the defendant.

Reasons

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

2. The judgment of the court below is unreasonable in light of the following circumstances: (a) each of the crimes of this case committed by the defendant was committed in several times with a portable gas siren owned by the victim E, the main of the victim E, and in light of the victim's age, character and conduct, environment, and circumstances after the crime, etc., it is extremely minor that the defendant deposited 4 million won for the victim E; (b) the damage caused by the crime of causing property damage in this case was relatively minor; (c) the defendant did not want the punishment of the defendant; (d) the defendant did not want the punishment of the same crime; (e) the defendant's health status is not good; and (e) the defendant's age, character and conduct, and circumstances after the crime were damaged.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

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 257 (1) of the Criminal Act and Article 366 of the Criminal Act (the point of injury and the choice of fines) concerning the crime;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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