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(영문) 수원지방법원 2017.12.27 2017노7193

재물손괴등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable because of the sentence imposed by the court below on the defendant (eight months of imprisonment).

2. The decision-making defendant shows an attitude against the defendant's decision-making in both respects, and agreed with the victim.

However, each of the crimes of this case is not likely to be committed in light of the content and result of each of the crimes, and the risk of the method of crime, etc., because the defendant destroyed the front unit of the cargo in front of the victim's own head and damaged the above vehicle to a considerable extent, and without making the next day, made excessive intimidation to the victim.

In addition, there is a high possibility of criticism because the defendant committed each of the crimes of this case during the period of observing the protection after the long prison term without being subject to criminal punishment on several occasions.

Considering the circumstances unfavorable or favorable to the defendant as above, the circumstances after the crime, the age of the defendant, sexual conduct, environment, and all other factors of sentencing as shown in the argument of this case, the punishment imposed by the court below against the defendant is too unreasonable, and therefore, the above argument by the defendant is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.