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(영문) 춘천지방법원 2017.12.06 2017노436
재물손괴
Text

The judgment of the court below is reversed.

A defendant shall be punished by a fine of 500,000 won.

The above fine shall not be paid by the defendant.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (an amount of KRW 500,000) is too unreasonable.

2. We examine ex officio prior to judgment on the grounds for ex officio appeal.

According to the records and changes, the defendant was sentenced to six months of imprisonment with prison labor at the Chuncheon District Court on November 30, 2016 as a crime of injury and a crime of damage to property on September 12, 2017, and the above judgment became final and conclusive on September 12, 2017, each of the above crimes and the crimes in the judgment of the court below, which became final and conclusive, shall be determined by taking into account the equality with the case where the judgment is rendered simultaneously in accordance with Article 39(1) of the Criminal Act, in the case of concurrent crimes after Article 37

Therefore, the judgment of the court below was no longer maintained.

3. If so, 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, and it is again decided as follows after pleading.

[Judgment used again] The summary of the lower judgment’s criminal facts and the summary of evidence added “the Defendant was sentenced to six months of imprisonment with prison labor for the crime of injury and the crime of damage to property at the Chuncheon District Court on November 30, 2016, which became final and conclusive on September 12, 2017,” to the summary of evidence, and “1. A previous conviction in the judgment: Chuncheon District Court Decision 2016 Godan90, which was bound in the public trial records, and the search of the Supreme Court in the case is identical to each corresponding column of the lower judgment, and thus, it shall be cited pursuant to Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 366 of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Subsequent to Article 37 of the Criminal Act dealing with concurrent crimes: Provided, That Article 39 (1) shall apply;

1. It is necessary to consider equity in cases where all of the judgments on the grounds of sentencing in Articles 70(1) and 69(2) of the Criminal Act are to be rendered simultaneously with each of the crimes indicated in the judgment that became final and conclusive. All of the crimes of this case are crimes committed at a time adjacent to the crimes indicated in the judgment, and an agreement is reached with the victim.

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