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(영문) 대전지방법원 2018.10.10 2018노1898
재물손괴등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Costs of lawsuit shall be borne by the defendant.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (two years and six months of imprisonment) is too unreasonable.

2. The judgment of the defendant has been punished several times due to the crime of violence, and the defendant committed each of the crimes of this case without being aware of the period of repeated crime of the same kind, and the crime of assault, bodily injury, and obstruction of duties of the property damage of this case was committed by the defendant without any particular reason, and it is not appropriate to commit such crime as it used violence to the East and East merchants and residents, and that there are many victims, etc. are disadvantageous to the defendant.

However, in light of the circumstances favorable to the defendant, such as the fact that the defendant made a confession and reflects all of the crimes, the damage to property was recovered, the two victims of fraud and one victim with interference with business, and the fact that the R et al., which was the object of non-determination, was not prosecuted or punished as the defendant's non-determination, and other sentencing conditions as shown in the records and the theory of changes, such as the defendant's age, sex behavior, environment, and circumstances after the crime, are considered to be unfair.

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 reversed and it is again decided as follows

【Inasmuch as the facts constituting a crime and the summary of evidence recognized by the court are as stated in the corresponding column of the judgment below, all of them are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 366 of the Criminal Act, Article 260(1) of the Criminal Act, Article 347(1) of the Criminal Act, Article 314(1) of the Criminal Act (the point of fraud), Article 257(1) of the Criminal Act, Article 257(1) of the Criminal Act, Article 156 of the Criminal Act, Article 156 of the choice of punishment against the crime (the point of damage to property), each of the imprisonment.

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