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(영문) 수원지방법원 2019.01.10 2018노4549
특수재물손괴
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for two years from the date of the final judgment.

Reasons

Summary of Grounds for Appeal

The punishment of the court below (two months of imprisonment, two years of suspended execution, two years of probation, and 80 hours of community service) is too unreasonable.

Judgment

In full view of the fact that the defendant did not want the punishment of the defendant by mutual consent with the victim, and the facts charged to the defendant are not the principal building, the building, the fire prevention, but the special property damage, and the defendant was only punished three times by a relatively minor fine before 2000, and there is no criminal power thereafter, the sentencing of the court below is too unreasonable.

In conclusion, the defendant's appeal is reasonable, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to the facts constituting a crime and summary of evidence, and thus, the summary of evidence is identical to each corresponding column of the judgment below. Thus, it is acceptable in accordance with Article 369 of

Application of Statutes

1. Article 369 (1) or 366 of the Criminal Act applicable to the crimes and Articles 369 (1) or 366 of the Criminal Act;

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

1. Probation under Article 62-2 of the Criminal Act;

1. As for the reason of sentencing under Article 48(1)1 of the Criminal Act of confiscation, the Ministry of Justice, using the network value, which is a dangerous object of the defendant, shoulders the outer windows of the anti-multi-household floors of multi-household houses, and makes a luxation of gasoline between the inner and inner glass, shall choose a statutory penalty of imprisonment in light of the risk of the instant crime.

However, considering the fact that the defendant does not want the punishment of the defendant under the agreement with the victim, the defendant shows the appearance of the defendant against the defendant, and there is no criminal record against the defendant since 2000, the execution of the sentence shall be suspended, and the same sentence as the order shall be determined.

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