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(영문) 서울남부지방법원 2015.07.09 2015노494
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds of appeal is unreasonable because the defendant paid damages to the victims of each crime in the judgment of the first instance court, the degree of damage to the crime in the judgment of the second instance is not heavy, and the defendant is expected not to repeat a crime. In light of the fact that the defendant made a payment to the victims of the crime in the judgment of the second instance (the first instance court: imprisonment with prison labor for 1 year, and the second instance court: fine of 2 million won).

2. Determination

A. Two original judgments were consolidated in the first instance court, but the sentence of the second instance court is imprisonment with prison labor, and the sentence of the second instance court is different from that of a fine, and as examined later, it does not constitute a case where a single sentence is imposed by maintaining the sentence of the first and the second instance court as it is in the choice of punishment, and thus, it cannot be reversed ex officio on the ground of a consolidation itself.

Therefore, the grounds for appeal against each judgment are divided.

B. The judgment on the judgment of the first instance court is based on the following circumstances: (a) the Defendant committed each of the crimes of this case, such as taking a arche at multiple restaurants and main restaurants, obstructing the restaurant business, and destroying the equipment; (b) the Defendant was injured by each of the crimes of this case; (c) although each of the crimes of this case was committed on August 28, 2014, it cannot be said that the Defendant suffered damage by the owner of the damaged restaurant business; (d) the Defendant was sentenced to a suspended sentence on the grounds of property damage, etc. on August 28, 2014 and was under the suspended sentence, and led to each of the crimes of this case of the same kind; and (e) the means and methods of the crime, circumstances after the crime was committed, the Defendant was punished in the past, the Defendant’s age, environment, character and conduct, etc., it cannot be deemed that the Defendant’s sentence imposed by the

C. On the judgment of the second instance court, the Defendant’s offense of insulting a police officer on official duty and obstructing restaurant business is not easy to commit the crime, the degree and result of the damage, the method and method of committing the crime, and the crime.

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