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(영문) 수원지방법원 2019.11.22 2019노4838

공용물건손상등

Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s imprisonment (one month of imprisonment, a fine of five hundred thousand won) is too unreasonable.

2. The Korean Criminal Procedure Act, which takes the trial-oriented principle and the principle of directness, has a unique area for sentencing determination, and there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In full view of the reasons for sentencing revealed in the proceedings of the instant case (in particular, the Defendant committed the instant crime at once more than eight months after having been discharged without being aware of the fact that the Defendant was discharged, and the fact that the Defendant was not agreed with the victim) that the sentencing of the lower court exceeded the reasonable scope of discretion, because the sentencing of the lower court is 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.