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(영문) 대전지방법원 2017.01.26 2016노3018
재물손괴
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than five months.

However, the period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (five months of imprisonment) is too unreasonable.

2. The judgment of the defendant has a majority of the records of punishment including punishment for the crime of violence, and of fines for the crime of this case, and the fact that the defendant committed the crime of this case during the suspended execution period for the same crime is disadvantageous to the defendant.

However, in light of the fact that the defendant is against the defendant, the court below agreed with the victim D in the first instance, and that the above victims do not want the punishment of the defendant in the first instance, and there is a favorable circumstance for the defendant, such as the fact that the above victims do not want the punishment of the defendant. In addition, comprehensively taking into account all the sentencing conditions such as the defendant's age, sex, environment, motive, means and consequence, the sentence of the court below is too unreasonable.

3. In conclusion, 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 after pleading, on the grounds that the appeal against the defendant's improper sentencing is justified.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is identical to each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles of the Criminal Act and Article 366 of the Criminal Act concerning the facts constituting a crime;

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

1. Article 62 (1) of the Criminal Act on the stay of execution ( normal consideration in favor of the above);

1. Article 62-2 (1) of the Criminal Act, the main sentence of Article 62-2 (2), and Article 59 of the Act on the Observation, etc. of Protection and Order to Attend Courses;

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