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(영문) 청주지방법원 2017.11.03 2017노1112
재물손괴등
Text

The judgment of the court below is reversed.

As to the crimes of Nos. 1, 2, and 3 in the judgment of the defendant, three months of imprisonment, and the crimes of No. 4 in the judgment.

Reasons

1. The summary of the grounds for appeal (crimes 1, 2, and 3 as indicated in the holding: Imprisonment with prison labor for 4 months, and crimes 4 as indicated in the holding): Imprisonment with prison labor for 4 months) is too unreasonable.

2. In the case of the crime No. 4 of the judgment, the Defendant has a total of five times of punishment, including two times of suspended sentence due to violent crimes, and in the case of the crime, the Defendant committed a crime even during the period of suspended sentence, which is highly likely to repeat the crime, etc.,

On the other hand, the fact that the defendant recognized the crime of this case and divided his mistake, that the defendant agreed with the victim C and J at the court below, and that all the victims of this case do not want the punishment of the defendant by mutual consent with the remaining victims G is favorable to the defendant.

In full view of the various circumstances, such as the defendant's age, sex, environment, family relationship, and circumstances after the crime, the sentence imposed by the court below is too unreasonable since it is recognized that the sentence imposed by the defendant is too unreasonable, and thus, the argument among the punishment of the defendant is reasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, as the defendant's appeal is with merit, and the judgment below is ruled again as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the stated in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 260(1) of the Criminal Act, Article 260(1) of the Criminal Act (the point of violence), Article 366 of the Criminal Act (the point of damage to property), Articles 261 and 260(1) of the Criminal Act (the point of special violence), Article 314(1) of the Criminal Act (the point of interference with business), the choice of imprisonment with labor;

1. Subsequent to Article 37 of the Criminal Act dealing with concurrent crimes: Provided, That Article 39 (1) (limited to the crimes of Articles 1 through 3 of the Judgment and special injury, etc. for which judgment has become final and conclusive);

1. Aggravation concurrent crimes;

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