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(영문) 광주지방법원 2018.08.29 2018노1860
특수재물손괴등
Text

The defendant's appeal is dismissed.

Reasons

1. The lower court’s sentencing is too unreasonable on the grounds of appeal.

2. It is recognized that the defendant's mistake is divided, and that the defendant does not want the punishment of the defendant in agreement with the victim.

However, the crime of this case is committed by carrying a piracy, which is a dangerous thing of the defendant and damaging the property of the victim and threatening the victim, and the nature of the crime is not good. The defendant again committed the crime of this case even though he had a previous criminal record of suspended execution due to a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.), and taking into account the defendant's age, sex and environment, motive, means and consequence of the crime, and the conditions of sentencing specified in the arguments of this case, such as the circumstances after the crime, etc., the court below's punishment is too unreasonable. Thus, the above assertion by the defendant is without merit.

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.

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