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(영문) 서울동부지방법원 2020.06.19 2020노188
재물손괴등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

Seized evidence 29 shall be confiscated.

Reasons

1. The sentence (No. 1 and 2 months, confiscation, and 2 months: Imprisonment with prison labor) that each of the judgments of the court below rendered by the summary of the grounds for appeal is too unreasonable.

2. This Court made ex officio judgments as an appeal against each judgment of the court below and tried both cases jointly. Each of the offenses in the judgment of the court below is a concurrent offense relationship under the former part of Article 37 of the Criminal Act, and thus, in accordance with Article 38(1) of the Criminal Act, a single sentence shall be imposed within the scope of a punishment aggravated for concurrent offenses pursuant to Article 38(1) of the Criminal Act. Thus, each of

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the Defendant’s assertion of unfair sentencing, on the grounds of the above ex officio reversal, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 329 of the Criminal Act, Articles 322 and 329 of the Criminal Act, Articles 342 and 329 of the Criminal Act, Article 366 of the Criminal Act, and the choice of imprisonment for a crime;

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

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Reasons for sentencing under Article 333(1) of the Criminal Procedure Act for the return of victim;

1. Scope of punishment by law: Imprisonment with labor for one month to nine years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Class 1 (Determination of Punishment) thth thth th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th

B. Second crime (determination of types), destruction of property (determination of types) [No person who is a special person], such as destruction of property (Article 1] (Article 1], damage of property [the scope of recommendation area and recommendation range].

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