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(영문) 부산지방법원 2015.01.23 2014노2560
건조물침입등
Text

All judgment of the court below shall be reversed.

Defendant shall be punished by a fine of 6,500,000 won.

The above fine shall be imposed on the defendant.

Reasons

1. The summary of the grounds for appeal is unreasonable because the punishment of a fine of five million won imposed by the court below against the defendant is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the Defendant’s ex officio, the case of this Court No. 2014No2560, which is the appeal case against the judgment of the court of first instance, and the case of this Court No. 2014No2638, which is the appeal case against the judgment of the court of second instance, was consolidated in the oral proceedings of the court of first instance. Since each crime of the judgment of the court below is in a concurrent relationship under the former part of Article 37 of the Criminal Act, each crime of the judgment of the court below shall be sentenced to a single sentence within the extent that aggravating concurrent crimes under Article 38(1)

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the grounds for appeal by the defendant, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding column of each 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 provisions of the Criminal Act concerning criminal facts, Articles 319(1), 34(1), 31(1) of the Criminal Act (the point of entering a building), Articles 366, 34(1), and 31(1) of the Criminal Act (including the point of causing property damage to the victim B), Article 260(1) of the Criminal Act, Article 366 of the Criminal Act, Article 366 of the Criminal Act, the choice of fines

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

1. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act is that the defendant recognized all of the crimes of this case, and the victim B agreed with the victim in the trial of the court below.

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