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(영문) 인천지방법원 2017.05.12 2017노958
재물손괴등
Text

The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for one year.

(2).

Reasons

1. The summary of the grounds for appeal by the court below (one year of imprisonment) is too unreasonable because the sentence imposed by the court below is too unreasonable (Provided, That the defendant stated in the appellate brief that the punishment should be reduced or exempted on the grounds for appeal by the defendant's ex officio prior to the judgment on the grounds for appeal by the court below as to the crime of false accusation which was not led to confession in the court below supplementaryly). 2. The confession was made ex officio prior to the judgment on the grounds for appeal by the defendant's ex officio, and it constitutes a case where the defendant should be determined after the necessary reduction or exemption of the punishment against the defendant pursuant to Articles 157 and 153 of the Criminal Act. In this regard, the part against the defendant in the judgment below is no longer maintained.

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

[Grounds for the lower court’s judgment] The summary of criminal facts and evidence against the Defendant recognized by the lower court is identical to each corresponding column of the lower court’s judgment, except for the addition of “1. Defendant’s trial testimony” to the summary of the evidence of the lower court’s judgment, and thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 257 (1) of the Criminal Act (the point of each injury, the choice of each imprisonment), Article 156 of the Criminal Act (the point of each appeal, the choice of each imprisonment), Article 366 of the Criminal Act (the point of damage to property and the choice of each sentence) concerning the crime;

1. Articles 157, 153, and 55(1)3 of the Criminal Act (as a result, a confession has been made, each crime of false accusation has been committed) of the said Act;

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

1. Article 62(1) of the Criminal Act of the suspended execution (the victim of the crime of injury shall be K and H shall be agreed with.

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