(영문) 서울중앙지방법원 2018.1.25. 선고 2017노3383 판결

When the defendant fails to pay the above fine, the defendant shall be confined in the old house for the period calculated by converting 100,000 won into one day.

The provisional payment of the amount equivalent to the above fine shall be ordered.

Reasons

1. Summary of grounds for appeal;

The punishment (fine 2 million won) imposed by the court below on the defendant is too unreasonable.

2. Determination

The crime of this case is an unfavorable circumstance to the defendant, for the reason that the defendant's winning in the game room is not well-grounded, thereby damaging two game machines owned by the victim by drinking, and the nature of the crime is not good.

However, the fact that the defendant is recognized as committing the crime of this case and is against the defendant, that the defendant agreed with the victim smoothly (the statement of reasons for appeal attached to the statement of reasons for appeal as of October 10, 2017), and that there is no record of punishment for the same crime, etc. are favorable to the defendant.

In addition, comprehensively taking account of the various circumstances, such as the Defendant’s age, environment, character and conduct, motive of the crime, and circumstances before and after the crime, etc., the lower court’s punishment is too unreasonable.

3. Conclusion

Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following is ruled again.

【Discretionary Judgment】

Criminal facts and summary of evidence

The summary of the facts constituting the crime recognized by this court and the evidence related thereto are as shown in each corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 366 of the Criminal Code, Selection of Fines

1. Detention in a workhouse;

Articles 70(1) and 69(2) of the Criminal Act

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

Reasons for sentencing

The punishment shall be determined as per the Disposition in consideration of the various circumstances mentioned above.