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(영문) 부산지방법원 2018.05.10 2018노759

특수재물손괴등

Text

All appeals by the Defendants are dismissed.

Reasons

1. Each sentence of the lower court against the Defendants on the summary of the grounds for appeal (each fine of KRW 5,000,000) is too unreasonable.

2. In a case where there is no change in the terms and conditions of sentencing compared to the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Based on the foregoing legal doctrine, there is no change in the conditions of sentencing compared with the lower court’s judgment because new materials on sentencing have not been submitted in the trial, and in full view of the factors revealed in the arguments in the instant case, the lower court’s sentencing was too excessive and exceeded the reasonable scope of discretion.

It does not appear.

Therefore, the defendants' argument of sentencing is without merit.

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