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(영문) 서울북부지방법원 2020.11.06 2019노2177
재물손괴등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for one year.

, however, for two years from the date this judgment becomes final and conclusive.

Reasons

1. The decision of the court below against the defendant in the summary of the grounds for appeal (the first instance court's decision: 10 months of imprisonment and 2 years of suspended execution, community service order 200 hours, 200 hours of imprisonment and 2 years of suspended execution) is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the judgment of the court below was rendered separately, and each appeal was filed, and this court decided to concurrently deliberate on each of the above appeals cases. Since each of the offenses committed by the judgment of the court below is concurrent crimes under the former part of Article 37 of the Criminal Act, one punishment shall be imposed pursuant to Article 38(1) of the Criminal Act, and in this respect, the judgment of the court of first and the judgment of the court of the court of the

3. Accordingly, the court below's judgment of the first and second court's judgment is reversed under Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and it is again decided as follows after oral argument.

[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are as stated in the corresponding column of the judgment below. Thus, all of them are accepted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 141(1) of the relevant Criminal Code for the crime (amended by Act No. 17297 of May 19, 2020), Article 366 of the Criminal Code, Article 136 (1) of the Criminal Code, Article 257 (1) of the Criminal Code, Article 49 (4) 2 and Article 6 (3) 2 of the former Electronic Financial Transactions Act (amended by Act No. 17297 of May 19, 202) concerning the crime

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Social service order under the Criminal Act;

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