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(영문) 부산지방법원 2016.03.17 2015노4361
폭력행위등처벌에관한법률위반(상습재물손괴등)등
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The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

1. The sentence imposed by the court below on the defendant (one year of imprisonment) is too unreasonable.

2. Before deciding on the grounds for appeal by the prosecutor's ex officio, the Prosecutor changed "Violation of the Punishment of Violences, etc. Act (Habitual Damage, etc.)" from among the names of the crimes in the trial of the party to "property damage"; Article 2 (1) 1 of the Punishment of Violences, etc. Act (amended by Act No. 2010, Jan. 1, 200) applies for the amendment of an indictment to delete "the content of deletion"; since this court permitted it and changed the subject of the judgment, the judgment of the court below was no longer maintained.

3. Thus, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed and it is again decided as follows after pleading.

Criminal facts

The summary of the facts constituting a crime and evidence acknowledged by this court is as follows: "Violation of the Punishment of Violences, etc. (Habitual Property Damage, etc.) Act 15 of the judgment of the court below among the facts constituting a crime as stated in the judgment of the court below shall be dismissed as "property damage 1.." 1. 1. 1. 1. 1. 1. 1. through 2. 2. 2. 2. 9 of the judgment of the court below from the summary of the evidence as stated in the judgment of the court below." 1. . .. ... .... .... .... ..... .... .... ..... .......... ......... ................. ....... ........

Application of Statutes

1. Relevant provisions of the Criminal Act, Article 366 of the Criminal Act, Article 141 (1) of the Criminal Act (the point of damage to property), Article 314 (1) of the Criminal Act, and Article 314 (1) of the Criminal Act, the choice of imprisonment for a crime;

1. The former part of Article 37 of the Criminal Code, and Article 38.

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