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(영문) 춘천지방법원 2014.12.24 2014노769
재물손괴등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 15,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (eight months of imprisonment).

2. Although there are unfavorable circumstances such as the fact that the defendant did not know himself during the probation period due to violent crimes, and committed each of the crimes in this case, the defendant recognized each of the crimes in this case for a considerable period of time, and provided an opportunity to reflect against himself through confinement life. The court below accepted 300,000 won from the victim D and deposited 300,000 won to public officials G, and received a letter from public officials in the trial, and received the above victim and public officials wanting the defendant's wife, there was no record of being sentenced to violent crimes, sentenced to imprisonment with prison labor for the defendant, and it seems that it is too harsh than the degree of the previous suspended sentence (two years of suspended sentence for one year) by sentence of imprisonment with prison labor for the defendant, and support for his children until the defendant is detained for each of the crimes in this case, and it is judged that the court below's decision is unfair in light of various circumstances such as the motive and circumstance leading up to each of the crimes in this case, the defendant's motive and circumstances, and other conditions of sentencing.

3. In conclusion, the defendant's appeal is with merit, and the part of the judgment below's conviction is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following is ruled again after pleading.

Criminal facts

The summary of the evidence and the criminal facts of the defendant recognized by this court and the summary of the evidence are as shown in each corresponding column of the judgment below, and therefore they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 366 of the Criminal Act (the point of causing destruction and damage) and Article 366 of the same Act concerning the facts constituting the crime; and

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