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(영문) 의정부지방법원 2017.04.20 2017노37
재물손괴
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (six months of imprisonment, two years of suspended sentence, two years of probation, observation of protection and 40 hours of attendance order) is too unreasonable.

2. The crime of this case is acknowledged that the Defendant destroyed a large amount of damaged goods on the ground that the Defendant did not settle the price of goods due to a shortage of the balance of the physical card and the nature of the crime is not good, and the Defendant has a record of being punished twice due to violent crimes.

However, the Defendant paid 3 million won to the victim H, 770,000 won to the victim D, and 7 million won to the victim F, respectively, and agreed with all victims.

The defendant seems to have failed to lead a normal social life due to early illness.

When the name of the defendant is designated as a separate post office in the name of the defendant, and M, the defendant's birth, is operating a separate post office in accordance with the recommendation of the defendant, the designation of a separate post office may be revoked if the defendant, who is the defendant's dwelling place, is sentenced to imprisonment or heavier punishment.

M, while operating a separate post office of M, supports the mother of the defendant and the defendant, and the defendant is currently receiving medical treatment on the proof of alcohol alcohol both at the present stage of M.

In full view of the above circumstances and other conditions of sentencing, including the Defendant’s age, sexual conduct, environment, family relationship, motive, background, means and consequence of the crime, and circumstances after the crime, the sentence imposed by the lower court against the Defendant is somewhat unreasonable.

Therefore, the defendant's argument is justified.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is ruled again after pleading as follows.

【Grounds for a new judgment】 Facts constituting an offense and summary of evidence recognized by the court, as well as relevant facts.

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