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(영문) 창원지방법원 2017.06.01 2017노806
재물손괴등
Text

The judgment below

The guilty part shall be reversed.

Defendant shall be punished by a fine of seven million won.

The above fine shall be imposed on the defendant.

Reasons

1. The court below’s scope of trial in this case dismissed the public prosecution as to the insult of the facts charged in this case, and sentenced the Defendant guilty as to the damage to property, and dismissed part of the public prosecution for which the prosecutor did not appeal due to only the Defendant’s appeal as to the guilty part is separate and finalized upon the expiration of the period of appeal. Thus, the court below’s judgment is to be tried only for the

2. The sentence imposed by the court below on the defendant (four months of imprisonment) is too unreasonable.

3. The crime of this case was committed on the following occasions: (a) the Defendant was not deemed to have inflicted damage on a taxi engineer without any particular reason while drinking alcohol; (b) the Defendant was already subject to six times the same or similar crimes (two times the suspension of execution, two times the suspension of execution, and four times the fine); (c) such crimes were repeatedly committed in a short period; (d) the Defendant was sentenced to two years the suspension of execution for six months on May 12, 201; and (e) on July 5, 2016, the Defendant was sentenced to two years the suspension of execution on the part of the Changwon District Court’s branch branch, and was sentenced to two years the suspension of execution for six months on the part of the Defendant on the part of the Defendant on the part of the Defendant, such as having been sentenced to two years the suspension of the execution of six months on the part of the Busan District Court’s imprisonment with prison labor for an injury, etc.;

However, the fact that the defendant recognized and reflected the crime, the defendant's act is merely the fact that the cab door is shut down by closeing the taxi door, the amount of damage is also 49,000 won, the defendant paid 2.50,000 won to the victim with repair expenses, etc., the defendant does not want the punishment of the defendant by agreement with the victim, the damage victim does not want the punishment of the defendant, the polarization disorder of the defendant, etc. seems to have affected the crime of this case. The defendant is deemed to have the effect of the above suspension of execution when the sentence of the court below is finalized, and one year should be additionally imposed upon the defendant. In light of the contents of the crime of this case, etc.

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