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(영문) 부산지방법원 2013.11.29 2013노2877

재물손괴

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (a fine of KRW 700,000) against the accused in the summary of the grounds for appeal is too unreasonable.

2. It is recognized that the damage caused by the instant crime was partially recovered, that the Defendant had no record of performing the same kind of crime, and that the Defendant recognized the crime and is in profoundly against it.

However, the crime of this case was committed on the ground that the victim stopped the car at the entrance of the entrance and obstructed the entrance of the vehicle, thereby damaging the victim's even shape by 1m flick. In light of the degree of flatization with the key, motive or circumstance of the crime, etc., when considering the degree of flatization with the key, it is not easy to agree with the victim, it appears that the court below sentenced the punishment by taking into account the above favorable circumstances and unfavorable circumstances of the defendant as well as all other circumstances, such as the defendant's age, environment, occupation, family relation, etc., the sentence of the court below is unreasonable.

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