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(영문) 부산지방법원 2020.04.23 2019노3407
공용물건손상
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 summary of the grounds for appeal that the court below rendered is too unreasonable to impose a fine of 500,000 won.

2. We examine ex officio prior to the judgment on the grounds for appeal by the defendant for ex officio judgment.

On March 7, 2019, the Defendant was sentenced to 10 months of imprisonment with prison labor for a violation of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders at the Busan District Court on March 7, 2019, and the said judgment became final and conclusive August 14, 2019. The instant crime against the Defendant is in a concurrent relationship with the crime of violation of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders, for which the judgment became final and conclusive, and the latter part of Article 37 of the Criminal Act is in a concurrent relationship with the crime of violation of the Act on Probation and Electronic Monitoring, etc. of Electronic Devices, and thus, the lower judgment

3. 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 reversed and it is decided as follows through pleading.

[C] The summary of the facts constituting an offense and evidence admitted by the court below is the first head of the judgment of the court below and the summary of the facts constituting an offense and evidence is as follows. "The defendant was sentenced ten months to imprisonment with prison labor at the Busan District Court on March 7, 2019 due to a violation of the Act on Probation and Electronic Monitoring, Etc. against Specific Criminal Offenders, and the above judgment became final and conclusive August 14, 2019." The summary of the evidence is the same as the corresponding column of the judgment of the court below, except for addition of "1. result of computer inquiry" as evidence for a prior offense in the judgment at the end of the evidence. Thus, it is cited as it is in accordance with Article 3

Application of Statutes

1. Relevant laws concerning criminal facts, Article 141(1) of the Criminal Act that choose punishment, and the choice of fines;

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

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

1. The order of provisional payment;

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