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(영문) 서울남부지방법원 2013.06.28 2013노509
재물손괴등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 300,000.

The above fine shall not be paid by the defendant.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (700,000 won of fine) is too unreasonable.

2. Before determining the grounds for appeal by the Defendant, the records of the instant case are as follows. The Defendant, at the Seoul Southern District Court on May 22, 2013, sentenced 2 years of suspended sentence to 9 months of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.) and 1 year probation on May 30, 2013, and the judgment became final and conclusive on May 30, 2013. Since the said crime and each of the instant crimes for which judgment became final and conclusive are concurrent crimes under the latter part of Article 37 of the Criminal Act, a sentence should be determined after examining whether to reduce or exempt punishment by taking into account equity with the case where a concurrent judgment is to be rendered pursuant to

3. Therefore, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is again decided as follows after oral argument.

Criminal facts

The summary of the facts charged by the court and the summary of the evidence are as follows: "The defendant is a person who was sentenced to probation for 2 years in September of imprisonment with prison labor and 1 year in Seoul Southern District Court on May 22, 2013 due to a violation of the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.) at the Seoul Southern District Court on May 22, 2013, and on May 30, 2013, and the above judgment became final and conclusive on May 30, 2013." The summary of the evidence is the same as the corresponding column of the judgment of the court below in addition to adding "1. Search of the case, and a copy of the

Application of Statutes

1. Relevant Articles 366 and 260 (1) of the Criminal Act and the choice of fines for crimes;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. Articles 70 and 69(2) of the Criminal Act for the detention of a workhouse;

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