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(영문) 인천지방법원 2015.05.01 2014노2522

재물손괴등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the penalty (two million won of a fine) imposed by the court below against the defendant is too unreasonable.

2. The judgment that the defendant recognized the crime of this case and reflects the fact that the defendant committed the crime of this case even though he had the record of punishment for the same kind of crime, the defendant did not reach an agreement with the victim, and there is no change in the special circumstances or circumstances that may be newly considered in sentencing after the sentence of the judgment of the court below, and in full view of all other circumstances, including the defendant's character and behavior, environment, relationship with the victim, motive and means of the crime of this case, the motive and consequence of the crime of this case, and the circumstances after the crime, the punishment that the court below sentenced the defendant is proper.

Therefore, the defendant's assertion of unfair sentencing is without merit.

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

[However, in the application of the lower judgment, Article 70 of the Criminal Act regarding detention in a workhouse is corrected to “Article 70 of the former Criminal Act” (amended by Act No. 12575, May 14, 2014).