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(영문) 서울북부지방법원 2019.02.01 2018노2001
재물손괴등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of 4 million won) of the lower court is too unreasonable.

2. Although the Defendant appears to have committed the instant crime contingently, the Defendant appears to have committed the instant crime, in full view of all the circumstances such as the Defendant’s age, character and conduct, family relation, motive, means, and consequence after the sentence of the lower judgment, the Defendant’s assertion is not acceptable on the ground that the Defendant’s punishment is unreasonable on the following grounds: (a) destruction of the roadside partitions of public toilets used by many people, and the liability for the relevant crime is not minor; (b) the Defendant has been sentenced to imprisonment and fine in the past by means of violence, etc.; (c) the Defendant committed the instant crime during the period of probation; and (d) there are no special circumstances or circumstances that may be newly considered in sentencing after the sentence of the lower judgment; and (c) other sentencing factors, such as the Defendant’s age

3. 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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