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(영문) 부산지방법원 2017.07.07 2017노1362
특수재물손괴
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 8,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The sentence imposed by the lower court (four months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The crime of this case is acknowledged that the Defendant committed the crime of this case without being aware of the period of repeated crime due to the violation of the Narcotics Control Act (hereinafter referred to as "Act") and the crime of this case committed in the event that the Defendant did not know of the fact that the Defendant damaged the packaging plastic tent owned by the victim, which is a dangerous object, and that the liability for the crime is not less severe.

However, considering the following factors: (a) the Defendant led to the confession of the crime, and the Defendant’s mistake was divided into one another; (b) the victim agreed to the Defendant for the first time in the trial; (c) the victim does not want the punishment of the Defendant; and (d) the case where the judgment was rendered simultaneously with the crime of injury in the judgment that became final and conclusive; and (c) the Defendant’s age, sexual conduct, environment, motive, means and consequence of the instant crime; and (d) all of the sentencing conditions specified in the pleadings of the instant case, such as the circumstances after the commission of the crime, the sentence imposed by the

3. According to the 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 well-grounded, and the following is ruled again after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence acknowledged by this court is as follows: (a) imprisonment with prison labor for not more than one year on September 29, 2015, for the crimes of violation of the Narcotics Control Act (fence) at the Busan District Court on September 29, 2015; (b) completed the execution of the sentence on September 11, 2015; (c) deleted; (d) deleted; and (e) deleted the three parallels; and (e) took the same as the corresponding column of the judgment of the court below on September 3, 200, inasmuch as the said facts and the summary of the evidence are as indicated in the corresponding column of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Act concerning facts constituting an offense;

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