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(영문) 서울중앙지방법원 2019.09.26 2019노1216
재물손괴
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 700,000,000.

The above fine shall be imposed on the defendant.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the penalty (one million won of fine) imposed by the court below on the defendant is too unreasonable.

2. In light of the contents and methods of the instant crime that destroyed five vehicles by means of the key, which had a history of criminal punishment against the Defendant by means of violence, etc., and that the Defendant’s liability for the crime of this case is not against the law.

However, the defendant is deemed to have committed the crime of this case in violation of the above settlement agreement while disputing the settlement agreement on subsidies for and earnings from vehicle-sharing companies and driving technicians of D operation. After the crime of this case, the victims and the victims do not want to cancel the complaint and the punishment of the defendant.

In full view of such circumstances and other circumstances as the Defendant’s age, character and conduct, environment, the background and consequence of the instant crime, and the circumstances after the instant crime, etc., the sentence imposed by the lower court is somewhat unreasonable.

Therefore, the defendant's argument is justified.

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

【Grounds for the Judgment of the Supreme Court which has been written] Criminal facts and summary of evidence are identical to facts constituting a crime recognized by the court, and summary of evidence. Thus, it shall be quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles of the Criminal Act and Articles 366 of the Criminal Act concerning the crimes;

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

1. Articles 70 (1) 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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