beta
(영문) 서울중앙지방법원 2016.01.28 2015노4302

재물손괴등

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal is too unreasonable as the punishment (1,500,000 won) imposed by the defendant is too unreasonable.

2. The judgment of the Defendant recognized the instant crime, and recognized the circumstances that are not adequate for economic conditions due to the disabled of the first degree with the interest disability of the recipient under the National Basic Living Security Act.

The extent of the assault in this case is relatively minor, and the amount of damage caused by the destruction of property is also not significant, and there are also favorable circumstances. However, the Defendant has a history of having been subject to criminal punishment several times due to the same kind of violent crime as this case.

The Defendant had been issued a summary order of KRW 3,00,000, which was initially imposed on the Defendant, filed a petition for formal trial with this court. The lower court determined the Defendant’s penalty of KRW 1,500,000, by fully taking account of the various circumstances favorable to the Defendant, as seen earlier.

The victim of this case wanting to apply the defendant to the strict punishment, and there is no change in the sentencing conditions that can be considered in the first instance.

In addition, considering the Defendant’s age, sexual conduct, motive and background leading to the instant crime, and circumstances after the instant crime, all of the sentencing conditions indicated in the instant pleadings, such as the circumstances after the crime, it is not determined that the sentence imposed by the lower court is too unreasonable.

Defendant’s assertion is not accepted.

3. As such, the defendant's appeal is dismissed on the ground that it is without merit.