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(영문) 부산지방법원 2017.06.02 2017노1071

재물손괴등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the court below is too unreasonable.

2. The fact that the judgment is recognized and reflected in the crime, and that there was an agreement with the victim of the crime of property damage, etc. are favorable to the defendant.

However, in full view of various circumstances, including the Defendant’s age, sex, environment, family relationship, and circumstances after the crime, there is a history of criminal punishment several times for the same crime, and in particular, it is difficult to deem that the lower court’s punishment is too unreasonable, taking into account the following: (a) the crime of property damage is a crime committed during the period of probation due to obscenity; (b) the victims of the crime of assault did not agree; and (c) there is no special change in circumstances after the lower judgment was sentenced; and

Therefore, we do not accept the above argument of the defendant's above sentencing.

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