logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2015.03.12 2014노4839
폭력행위등처벌에관한법률위반(상습재물손괴등)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

1. The summary of the grounds for appeal asserts that the defendant's imprisonment (ten months of imprisonment) declared by the court below against the defendant is too unreasonable, and the prosecutor asserts that it is too uneasible and unfair.

2. The judgment on the grounds for appeal by the Defendant and the prosecutor ex officio prior to the judgment on the ex officio determination, and on January 27, 2015, the written application for changes in indictment submitted by the prosecutor as of January 1, 2015 among the previous facts charged, stated that “Paragraph 1 among the facts charged is changed as stated in the attached Form.” However, the contents of Paragraph 1 of the facts charged for which the application for changes was filed are identical to those of Paragraph 2 of the previous facts charged. As such, the written application for changes in indictment appears to be erroneous that “paragraphs 1 and 2 of the facts charged are changed as stated in the attached Form.

The judgment of the court below is no longer maintained, since it applied for changes in B as shown in the attached Form, and the subject of the judgment was changed by this court's permission.

3. Accordingly, the judgment of the court below is reversed ex officio pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant and the prosecutor's respective arguments on unfair sentencing, and it is again decided as follows through oral argument.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court as stated in the separate sheet, and the summary of the facts charged as stated in the separate sheet, and the summary of the evidence "1. R's suspect examination of each police officer,"

1. The damaged parts photograph, estimate, site photograph, CCTV image photograph, A face cover photograph of the suspect, and the like;

1. Except in addition to each investigation report, investigation report (in relation to the attachment ofCCTV images and photographs of the suspect A face images), investigation report (Submission of a written agreement, etc.), and investigation report (to telephone conversations of the victim), all as shown in each corresponding column of the judgment of the court below.

arrow