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(영문) 전주지방법원 2018.11.22 2018노1385
특수재물손괴등
Text

The judgment below

The remainder, excluding the rejection of an application for compensation order, shall be reversed.

The defendant shall be sentenced to one year of imprisonment.

Reasons

1. The summary of the grounds for appeal - The court below’s punishment (one year and six months of imprisonment) is too heavy.

2. The crime of this case is deemed to have been committed by repeatedly transmitting text messages suggesting the murder of the Defendant, threatening the victim, and destroying a string of the front door with the iron tool, thereby infringing on the victim’s residence. As such, the method and nature of the crime are inferior, and accordingly, the victim seems to have suffered considerable mental and physical pain, such as inflicting bodily injury on the second floor.

However, in full view of the favorable circumstances such as the Defendant’s age, sexual conduct, environment, motive, means and consequence of the instant crime, relationship with the victim, circumstance after the crime, etc., the lower court’s punishment is somewhat unreasonable, in view of the following circumstances: (a) when the Defendant came to know that the victim in an internal relationship was in existence with another male in the house, it appears that the Defendant infringed on the house of the victim; (b) the Defendant recognized and reflected all the criminal acts; and (c) the Defendant submitted a written agreement that the victim does not want the punishment any longer; and (d) the Defendant has no criminal history; and (e) other favorable circumstances, such as the Defendant’s age, sexual conduct, environment, motive and consequence of the instant crime;

3. As such, the defendant's appeal is reasonable, and the part of the judgment below excluding the rejection of an application for compensation order among the court below's decision pursuant to Article 364 (6) of the Criminal Procedure Act is reversed, and it is again decided as follows after pleading.

Criminal facts

The summary of the facts charged and the evidence against the defendant recognized by this court is identical to each corresponding column of the judgment below, and thus, it is also accepted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions of the Criminal Act, Articles 320, 319(1) (a) of the Criminal Act regarding criminal facts, Articles 369(1), 366 (a), and 366 (a) of the Criminal Act, and the Criminal Act regarding the choice of punishment.

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