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(영문) 수원지방법원 2017.10.25 2017노393
재물손괴등
Text

All judgment of the court below shall be reversed.

Defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (1) is unfair because the punishment of the court below (2) is too unreasonable; 3 months of imprisonment, 6 months of imprisonment and 3 months of imprisonment).

2. Examination ex officio prior to the judgment on the grounds for appeal by the defendant.

Article 1, 2, 3, and 4 of the judgment of the court below against the defendant was sentenced to a separate trial with the head of Suwon District Court 2016 High Court 2648 High Court 2016 High Court 16 High Court 1600 High Court 2016 High Court 2016 High Court 1607 High Court 1607 High Court 201 High Court 2017 High Court 201 High Court 201 High Court 2017 High Court 557 High Court 2017 High Court 201, and each of the above judgments was appealed to the defendant, and the court of the above appellate court decided to jointly examine the above appellate cases. Since each of the crimes of the first, second,3, and fourth court with respect to the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act, the judgment of the court below was reversed in its entirety in that it cannot be exempted from the punishment of a single punishment within the scope of concurrent crimes under Article 38 (1) of the Criminal Act.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed in entirety, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court is identical to the corresponding columns of the judgment below 1, 2, 3, and 4. Therefore, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 314(1) of the Criminal Act and Article 314(1) of the Criminal Act regarding criminal facts (the obstruction of business, the choice of imprisonment), Article 366 of the Criminal Act (the point of destroying property, the choice of imprisonment), Article 141(1) of the Criminal Act (the point of damaging public property, the choice of imprisonment), Article 347(1) of the Criminal Act (the point of fraud, and the choice of imprisonment), Article 329 of the Criminal Act (the point of fraud, the choice of imprisonment), Article 329 of the Criminal Act.

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