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(영문) 부산지방법원 2016.10.07 2016노3050
특수도주등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

1. The sentence imposed by the court below on the defendant (one year of imprisonment) is too unreasonable.

2. On the second trial date of the trial of the trial of the case, the prosecutor of the judgment of the court below applied for the amendment of the indictment to "a modification of the indictment with the content of "a modification of the indictment that "a modification of the confinement facility shall be damaged by breaking the glass adjacent to the suspender" in paragraph (1) of the indictment of this case, which is a dangerous object (the total length of 96 cm, the inserted day 30 cm)", "a modification of the indictment with the insertion (the total length of 96 cm, the inserted day 30 cm)", and since this court permitted it, the judgment of the court below cannot be exempted from its reversal.

3. If so, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act, and the judgment below is reversed, and it is again decided as follows.

Criminal facts

The summary of the facts and evidence of the defendant, recognized by this court, are identical to each corresponding column of the judgment of the court below, except that "the confinement facilities shall be damaged by breaking the glass adjacent to the suspender by inserting "(96 cm in total length, 30 cm in length in length)" in two to four dimensionals of the judgment of the court below (96 cm in total length, 96 cm in length, 30 cm in length in length in total) are damaged by inserting the fronter," and therefore, it shall be cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Criminal Act and Articles 146, 145 (1) of the Criminal Act (the occupation of special escape, the choice of imprisonment), and Articles 144 (1) and 141 (1) of the Criminal Act (the occupation of damaging goods for public use and the choice of imprisonment);

1. Of concurrent crimes, the crimes of this case on the grounds of sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (a concurrent crimes with the punishment determined for damage to special goods with heavy penalty), among concurrent crimes, shall be arrested upon the writ of execution of execution of punishment by the defendant, and the public prosecutor's office shall be arrested;

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