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(영문) 창원지방법원 2020.07.23 2019노2645

재물손괴등

Text

The defendant's appeal is dismissed.

Reasons

1. The lower court dismissed the charge of assaulting the Defendant among the facts charged, and sentenced the Defendant guilty on the remainder of the facts charged.

As to this, only the defendant appealed against the guilty portion, and the prosecutor did not appeal against the dismissal of public prosecution, the dismissal of public prosecution was separated and finalized as the period of appeal elapses, and it was excluded from the scope of the judgment in the trial.

Therefore, the scope of this court's judgment is limited to the conviction among the judgment below.

2. The summary of the grounds for appeal (e.g., imprisonment) by the lower court (e., six months of imprisonment) is too unreasonable.

3. The lower court appears to have determined the sentence within the reasonable scope of discretion by fully taking into account the favorable or unfavorable circumstances to the Defendant, and there is no special circumstance to change the sentencing after the lower judgment.

In addition, examining the defendant's age, character and conduct, environment, circumstances after the crime, circumstances after the crime, and criminal records, various sentencing conditions shown in the records and arguments of this case, it does not seem that the sentence of the court below against the defendant is too unreasonable.

4. 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.