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(영문) 대구지방법원 2019.06.27 2019노1508
재물손괴등
Text

The judgment below

Part concerning the 1 to 3, 5, and 6 of the judgment shall be reversed.

The judgment of the court below is correct.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (the crime No. 1 to No. 3, the crime No. 5 and the crime No. 6: Imprisonment with prison labor for 2 years and 6 months, and the crime No. 4 in its holding: imprisonment with prison labor for 6 months)

2. Determination

A. The part of the judgment against the crime Nos. 1 through 3, 5, and 6 include the Defendant’s criminal records related to violence one time of the suspension of the execution of imprisonment and two times of the imprisonment with prison labor. The Defendant committed each of the crimes of this case during the period of repeated crime of obstruction of the performance of official duties. The Defendant did not agree with the victims AC and victims other than AV of the Act on the Aggravated Punishment, etc. of Specific Crimes.

However, in full view of the following circumstances: (a) the Defendant’s mistake was seriously against himself; (b) the Defendant agreed with the victims of the crimes Nos. 1 and 2 as indicated in the judgment at the time of the trial; and (c) the Defendant’s age, character and conduct, environment, family relationship, motive, circumstance, means and consequence of the crime; and (d) other circumstances that are conditions for sentencing, such as the circumstances after the crime, the sentencing of the lower

B. The lower court, as indicated in its holding, determined a punishment for the above crime within a reasonable scope, taking into account the various circumstances that serve as the conditions for sentencing, and there is no special circumstance or change in circumstances that may change the sentencing of the lower court after the lower judgment.

The sentencing of the lower court for the above crime is not unfair.

3. As a result, an appeal against the crime No. 1 through No. 3, No. 5, and No. 6 as to the defendant's decision is well-grounded, the part of the judgment of the court below concerning the above crime is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following is ruled again after the pleading. Since the appeal against No. 4 as to the decision is without merit, it

[Discied Judgment] The same as the relevant column of the judgment of the court below on criminal facts and the summary of evidence.

Application of Statutes

1. Article 366 of the Criminal Act (the point of destruction and damage of property) and Article 2 (2) of the Punishment of Violences, etc. Act concerning criminal facts.

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