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(영문) 의정부지방법원 2017.01.26 2016노3259
재물손괴
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

Reasons

1. Summary of grounds for appeal;

A. The sentence (4 million won) imposed by the lower court on the Defendant is too unreasonable.

B. The sentence imposed by the prosecutor by the court below on the defendant (4 million won) is too unhued and unfair.

2. As to the criminal facts of this case, it is recognized that there is a need to consider equity in the case where the defendant received a judgment at the same time as the criminal records stated in the judgment of the court below, and that there is a mother of the family to support the criminal facts of this case.

However, according to the images of CCTV on-site photographs, the defendant shows that there was a significant high level of violence during the crime of this case.

The Defendant committed the instant crime again while being under repeated crime for the same kind of crime and being under criminal investigation for the same crime.

The defendant did not agree with the victim to take part in the judgment of the court, and there are criminal records of violence exceeding 20 times including criminal records.

In full view of the above circumstances and other factors, including the Defendant’s age, sex, environment, family relationship, motive and background of the crime, means and consequence of the crime, and the circumstances after the crime, etc., the sentence imposed by the lower court against the Defendant is somewhat uneasy and unfair.

Therefore, prosecutor's assertion is justified.

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided after pleading as follows.

【Inasmuch as the facts constituting a crime and the summary of evidence recognized by the court, the part concerning the record of the first head of the crime of the judgment below concerning “the defendant was sentenced on January 8, 2014 to imprisonment with prison labor for property damage, etc. on March 3, 2015, and completed the execution of the sentence on March 3, 2015, and the District Court on August 18, 2016.”

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