logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2017.11.30 2017노3200
공용물건손상등
Text

All judgment of the court below shall be reversed.

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

Reasons

1. The sentence imposed by the lower court (No. 1: Imprisonment with prison labor for 10 months, and imprisonment with prison labor for 2 months) is too unreasonable.

2. As the defendant filed an appeal against the judgment of the court below, each appeal case was consolidated and tried in the court at the same time, and as long as each crime of the judgment of the court below is in a concurrent relationship under the former part of Article 37 of the Criminal Act, the judgment of the court below should be rendered at the same time and a single sentence should be sentenced.

In this respect, the judgment of the court below is no longer maintained.

3. If so, the judgment of the court below is reversed ex officio, and without having to make a judgment on the defendant's unfair argument of sentencing, all of them are reversed pursuant to Articles 364 (2) and 364 (6) of the Criminal Procedure Act and the pleading is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by this court is as stated in the corresponding column 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 legal provisions for facts constituting an offense, Articles 60(1)1 and 12 of the Emergency Medical Service Act (the point of interference with emergency medical services), Articles 319(2) and 319(1) of the Criminal Act (the point of interference with business), Article 314(1) of the Criminal Act (the point of interference with business), Article 260(1) of the Criminal Act (the point of interference with business), Article 141(1) of the Criminal Act (the point of interference with public property), Article 366 of the Criminal Act (the point of interference with business), each of the choice of imprisonment;

1. The grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes continue to have committed each of the instant crimes continuously, the Defendant has a record of committing a crime not exceeding 15 times, and the Defendant has a number of criminal records of the same kind.

However, it is advantageous to the fact that the defendant is against the defendant, and that some victims have agreed to it.

The defendant's age, environment, sex, and defendant.

arrow