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(영문) 의정부지방법원 2018.07.24 2018노1371
재물손괴등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Reasons

1. The sentence of the lower court (one-year imprisonment) is too unreasonable as to the gist of the grounds for appeal.

2. The Defendant committed the instant crime during the period of repeated crime due to the same crime. The Defendant had a lot of criminal records including criminal records for the same offense.

Nevertheless, the defendant again committed each of the crimes of this case without any special reason, and the nature of such crimes is not good.

This is disadvantageous to the defendant.

However, the defendant recognized the crime of this case, and against himself, and paid 257,000 won, which is equivalent to the amount of damage, to the high-speed company of the victim game.

This is the circumstances favorable to the defendant.

In full view of such circumstances as the defendant's age, environment, sexual conduct, motive for the crime, and circumstances before and after the crime in this case and the arguments, the sentence of the court below is somewhat unreasonable.

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

【Grounds for a new judgment】 The facts constituting an offense and summary of evidence recognized by the court are identical to the facts constituting an offense and summary of evidence, and the gist of evidence are identical to the facts in each corresponding column of the judgment below. Thus, they are cited pursuant to Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 366 of the Criminal Act, the choice of punishment for the crime, Article 366 of the Criminal Act, Article 185 of the Criminal Act (the point of obstructing general traffic), Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), and the choice of imprisonment, respectively;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. On the grounds as examined in the determination of the illegality of sentencing prior to the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, the punishment shall be determined as set forth in the text of the Criminal Act.

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