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(영문) 의정부지방법원 2016.02.18 2015노3006
폭력행위등처벌에관한법률위반(상습재물손괴등)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, the period of three years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) is unreasonable as it is too unfasible that the sentence of the lower court (the imprisonment of eight months, the suspension of execution of two years, the observation of protection, and the community service hours of eight hours) is too unfasible

2. Prior to the judgment on the grounds for appeal by the prosecutor's ex officio, the prosecutor changed "Violation of the Punishment of Violences, etc. Act (Habitual Damage, etc.)" to "property damage" in the name of the crime in the trial of the party, and applied for the amendment of an indictment to delete "Article 2 (1) 1 of the Punishment of Violences, etc. Act" in the applicable law. Since this court permitted this and changed to the subject of the judgment, the judgment of the court below was no longer maintained.

3. Thus, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's improper assertion of sentencing, and the judgment of the court below is reversed, and it is again decided as follows after pleading.

Criminal facts

The summary of facts and evidence admitted by this court is as follows: "Violation of the Punishment of Violences, etc. (Habitual Damage, etc. to Property) Act" in Part 2, 3 of the judgment of the court below among the facts constituting the crime in the judgment of the court below. "Habituality" in Part 13 of the judgment of the court below is deleted. The summary of the evidence in the judgment of the court below is as follows: (a) the facts constituting the crime in the judgment of the court below are as stated in each corresponding column of the judgment of the court below, except for deletion of the part "recognition of damp" in light of the records of each crime in the judgment of the court below, the methods of crime, the frequency of crimes, and the fact that the same kind of crimes are repeated in a short period.

Application of Statutes

1. Article 366 of the Criminal Act, Article 347 (1) of the Criminal Act, Article 257 (1) (a point of fraud), Article 260 (1) (a point of assault) and Article 330 of the same Act concerning the facts constituting an offense;

1. As to the crime of destructive property, fraud, bodily injury, and assault, respectively;

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