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(영문) 인천지방법원 2014.02.07 2013노2988

재물손괴등

Text

The defendant's appeal is dismissed.

Reasons

1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the lower court’s punishment (three million won of fine) against the Defendant is too unreasonable.

2. Determination is based on the following: (a) the Defendant recognized all of the instant crimes and reflected his mistake; (b) the extent of damage caused by each of the instant crimes is relatively minor; and (c) the Defendant’s economic situation is difficult, etc. favorable to the Defendant.

However, the court below determined the punishment by fully considering the circumstances favorable to the defendant, and there is no change of circumstances that may be considered such as agreement with the victim during the trial. Each of the crimes of this case is an injury to the public officials of the Gu office who damage property and perform official duties, and the nature of the crime is poor, the defendant has been punished for the same crime, and other various sentencing conditions in the records and arguments, such as the age, happiness and family environment of the defendant, the circumstances before and after the crime, etc., are considered as being too unreasonable.

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