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(영문) 광주지방법원 2017.11.16 2016노3586
재물손괴
Text

The judgment of the court below is reversed.

The defendant shall be exempted from punishment.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (an amount of KRW 500,000) is too unreasonable.

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

According to the search results and the statement of the judgment of the Supreme Court, on April 6, 2017, the defendant was sentenced to one year and six months of imprisonment with prison labor and a fine of three hundred thousand won on April 14, 2017 with prison labor for the crime of intimidation, etc., and the above judgment became final and conclusive on April 14, 2017. As such, the criminal facts against the defendant constitute concurrent crimes with the crime for which punishment became final and the crime of which punishment became final and the crime of which a group is established after Article 37 of the Criminal Act, and determined a punishment for the crime of this case by taking into account equity with the case where a judgment is to be rendered at the same time pursuant to Article 39(1)

3. The judgment of the court below, on the ground that there is a ground for reversal of authority as above, is reversed ex officio, and the judgment below is again decided after the pleading pursuant to Article 364(2) of the Criminal Procedure Act, without further proceeding to decide on the unfair argument of sentencing between the defendant and the

Criminal facts

The summary of the facts constituting a crime and the summary of the evidence acknowledged by this court is as follows: “The Defendant was sentenced to one and half years of imprisonment with prison labor on April 6, 2017 and a fine of three hundred thousand won on April 14, 2017 by means of intimidation, etc. from the Gwangju District Court Branch Branch Branch Branch of the Gwangju District Court, and the above judgment became final and conclusive on April 14, 2017” in the summary of the evidence as stated in the judgment below, except for the addition of “1. previous conviction: the search and judgment of the Supreme Court: the sentence of the Supreme Court;” and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 366 of the Criminal Act applicable to the facts constituting the crime;

1. The first sentence of Article 37 of the Criminal Act to treat concurrent crimes: Provided, That the first sentence of Article 39 (1) shall be applicable;

1. The reason for sentencing under the latter part of Article 39(1) of the Exemption of Punishment Act is that this case was found at the site after introducing the work day from the injured party, and the defendant was refused at the site and returned to the site, and the victim and the telephone were in dispute with the injured party.

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