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(영문) 대전지방법원 2018.11.21 2018노2543
재물손괴
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than three months.

Reasons

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

2. According to the records of ex officio determination, the Defendant was sentenced to imprisonment for nine months with labor for a crime of violating the Road Traffic Act, and three months for an injury in the Daejeon District Court Branch on February 2, 2018, and the above judgment became final and conclusive on June 20, 2018, and the Defendant committed the instant crime which was found guilty by the lower court prior to the final and conclusive judgment on the crime of violating the Road Traffic Act (driving) ( Meanwhile, on March 29, 2017, the Defendant was sentenced to eight months of imprisonment with labor for a violation of the Punishment of Violences, etc. Act (joint conflict) at the Daejeon District Court on June 15, 2017 and the judgment became final and conclusive on June 20, 2018, and the relationship between the instant crime and the instant crime of injury with Article 301 of the Criminal Act (hereinafter referred to as “instant punishment”) becomes final and conclusive on June 15, 2018, and thus, the relationship between the instant judgment and the instant crime of concurrent crimes (see Article 3017) of the Criminal Act).

Therefore, the judgment of the court below which did not consider this cannot be maintained as it is.

3. The judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment of the court below is reversed, and it is again decided as follows after pleading.

【Grounds for the Judgment of the Supreme Court in other words] Summary of facts constituting a crime and evidence recognized by the court in this Court is the first head of the original facts constituting a crime.

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