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(영문) 서울남부지방법원 2017.06.30 2016노1454
공용물건손상
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of four million won.

When the defendant does not pay a fine.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the court below is unreasonable as it is too unfasible to the extent that the punishment (1.5 million won in penalty) imposed by the court below is too unfasible.

2. In light of the circumstances favorable to the Defendant that did not exceed the degree of damage to the patrol patrol car and paid damages, however, there is a need to punish the crimes of damage to public goods more strictly than the crimes of damage to general property in terms of the establishment of public authority, the Defendant has a number of records of suspended execution or of fine, and all of the sentencing conditions shown in the records and arguments of this case, the sentence imposed by the lower court is too uneasible and unfair.

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided after pleading as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 141 (1) of the Criminal Act applicable to the relevant criminal facts and Article 141 of the choice of punishment (Selection of penalty);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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