(영문) 서울동부지방법원 2019.02.13 2018노1761

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울동부지방법원 2019.02.13 2018노1761

재물손괴등

Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment with prison labor of one year and two months and by a fine of five hundred thousand won.

The above fine shall be imposed on the defendant.

Reasons

1. The grounds for appeal (unfair punishment) asserts that the Defendant is too uneasying that the Defendant’s imprisonment (two months of imprisonment and a fine of five hundred thousand won) is too uneasy, and that the prosecutor is too uneasy and unfair.

2. Determination: (a) The Defendant committed each of the instant crimes only within one month after the term of imprisonment for the same kind of crime has expired; (b) seven times a fine for the same type of crime; (c) five times a suspended sentence; (d) one time a fine for the same crime has been imposed; and (c) one month after the imprisonment for the same kind of crime has expired; and (d) the Defendant has already been sentenced to the risk of re-regulation; and (e) there has already been no special preventive effect for punishment similar to the previous one; (c) the lower court’s punishment was lower than the previous one year; (d) the Defendant committed multiple crimes more than five times in total in light of the content, content, number, and form of law of the crime; and (d) the Defendant did not have any effort to recover damage; and (d) the Defendant’s family relation relation with the Defendant and the reasons for sentencing indicated in the record, such as the Defendant’s age, career, etc., and the Defendant’s assertion on unjust sentencing is without merit.

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following decision is delivered after pleading

(Inasmuch as an appeal by a prosecutor is reversed on the grounds that the judgment of the court below is well-grounded, the appeal by a defendant shall not be dismissed in separate text of the judgment). [Reasons for multi-use] Criminal facts and summary of evidence recognized by the court and summary of evidence are the same as stated in each corresponding column of the judgment of the court below, and thus, it shall be cited as it is in

Application of Statutes

1. Articles 366 (Aggravated Punishment of Destruction and Damage) and 136 (1) of the Criminal Act concerning facts constituting an offense.

참조조문

유사 판례

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