재물손괴
The defendant's appeal is dismissed.
The costs of the original judgment and the trial shall be borne by the defendant.
1. Summary of grounds for appeal;
A. The judgment of the court below which found the defendant guilty of the facts charged of this case, despite the fact that the defendant misunderstanding of the facts showed the victim's opening of the passenger car, but the above opening was not damaged by the defendant's act, is erroneous in the misapprehension of facts.
B. The punishment sentenced by the lower court (one million won in penalty) is too unreasonable.
2. Determination
A. The Defendant also asserted as to the assertion of mistake of facts as alleged in this part in the lower court, but the lower court rejected the Defendant’s assertion on the grounds of its stated reasoning.
The judgment below
Examining the reasoning in comparison with the records, the court below’s determination is just and acceptable, and there is an error of law by misunderstanding facts, such as the defendant’s assertion.
subsection (b) of this section.
B. As to the unlawful assertion of sentencing, the Defendant did not make any effort to recover damage to the victim’s vehicle without any justifiable reason while destroying the victim’s inside, etc., and did not reflect his fault at all, and the victim did not try to punish the Defendant, and the Defendant was under criminal punishment due to the violation of the Road Traffic Act (driving and driving without a license) and the crime of causing bodily injury due to robbery, etc., and other factors of sentencing as a whole, including the Defendant’s age, sex, environment, motive, means and consequence of the crime, and the circumstances before and after the crime, etc., the sentence imposed by the lower court is deemed to be too unfasible, and it is fasible and fasible.
shall not be deemed to exist.
3. In conclusion, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, and the burden of litigation costs is decided as per Disposition by applying Articles 191 (1) and 190 (1) of the Criminal Procedure Act.