logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2017.06.15 2017노1184
재물손괴
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 6,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (six months of imprisonment) is too unreasonable.

2. The court below's assertion that the defendant's assertion of the judgment below is reasonable, considering the following as a whole: (a) the defendant committed the crime of this case during the grace period, even though two years have passed since the suspension of the execution of official duties was confirmed to be 8 months due to the obstruction of the execution of official duties; (b) the defendant committed the crime of this case during the grace period; (c) the defendant was subject to a fine due to intrusion upon residence during the above grace period; and (d) there were many other violent criminal records, etc.; (d) the defendant led to the confession of the crime; (e) there was no criminal record exceeding the victim; (e) the defendant was detained for 53 days in the case; (e) the defendant was detained for 5 months in prison; (e) the defendant was detained for 8 months in prison after the suspension of the execution of official duties; (e) the physical disability and health of the defendant were not good; and (e) the defendant's age, family relationship; (e) the background and motive leading to the crime; and all other records and changes in the sentencing of this case.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court is identical to the facts stated in the corresponding column of the judgment below, and thus, the summary of the evidence is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 366 of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

1. Article 57 of the Criminal Act including the number of days of detention in prison;

arrow