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(영문) 의정부지방법원 2015.06.05 2014노2485
재물손괴
Text

The judgment of the court below is reversed.

A defendant shall be punished by a fine of 500,000 won.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal is unreasonable as it excessively imposes a fine of one million won imposed by the court below on the defendant.

2. In light of the content and method of the crime, the crime of this case committed by the Defendant is not less than the nature of the crime in light of the content and the method of the crime, there was a record of punishment several times due to the crime of this species, and there was a high possibility of criticism during the suspended execution period due to the crime of this species, and there was a record of being sentenced to a fine due to the same kind of crime in around 2013.

However, in full view of the following circumstances: (a) the Defendant made a statement that he/she has led to confession of the facts of the crime of this case and against his/her mistake; (b) the Defendant agreed with the victim at the time of the trial at the time of the trial at the time of the trial; (c) the fact that he/she has not sufficiently agreed with the victim; (d) the amount of damage is relatively minor; (c) balance with the general sentencing of the same or similar cases; and (d) the Defendant’s age, character and conduct, intelligence and environment; (d) the motive, background, means and consequence of the instant crime; (e) the circumstances after the crime of this case; (e) the criminal records; (e) criminal records; (e) family relationship; and (e) health conditions

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

Criminal facts

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

Application of Statutes

1. Article 366 of the Criminal Act and Article 366 of the same Act concerning criminal facts and the choice of fines;

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

1. The Criminal Act for the detention of a workhouse;

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