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(영문) 청주지방법원 2018.11.30 2018노657
특수재물손괴
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) is too unreasonable in light of the fact that the defendant recognized the instant crime and reflected against the Defendant.

2. The crime of this case is acknowledged that the defendant's living together destroyed the victim's property by using a hack pipe, which is a dangerous article with respect to which the defendant was dismissed, and thus, the crime of this case is not good in light of the motive, method, etc. of the crime, and that the defendant has been punished as the crime of destroying property.

However, in full view of the following facts: (a) the Defendant recognized the instant crime; (b) the Defendant was in violation of the recognition of and against the instant crime; and (c) the Defendant was smoothly agreed with the victim in the final trial; and (d) the Defendant’s age, sexual conduct, environment, family relationship, family environment, circumstances after the commission of the instant crime and various sentencing conditions as indicated in the theory of changes, such as the Defendant’s age, sex, family relationship, family environment, circumstances after the commission of the crime, etc

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is reversed and the case is remanded to the court below as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the stated in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 369 of the Criminal Act and Articles 369 (1) and 366 of the Criminal Act (generally, selection of fines) concerning facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Comprehensively taking into account the factors of sentencing prior to the reasons for sentencing of Article 334(1) of the Criminal Procedure Act, the punishment is determined as ordered by the Criminal Procedure Act.

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