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(영문) 전주지방법원 2020.12.10 2020노1365
특수재물손괴등
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The punishment of the court below (one year of imprisonment) is too unreasonable.

2. It is recognized that the Defendant’s mistake in depth and reflects his mistake, and that the Defendant paid KRW 2.5 million to the victim of the crime of causing property damage on March 3, 2020, which is the investigation stage, under the name of the victim of the crime of causing property damage, the said victim expressed his intention not to punish the Defendant on April 2020, and that the Defendant has no history of criminal punishment exceeding the fine.

However, the Defendant, on October 17, 2019, was issued with a summary order of KRW 50,000,00 from the Jeonju District Court Full Branch on the ground that the victim did not take care of himself/herself, and damaged the above victim's free shop for three times since February 2020. In light of the relationship with the victim, the frequency of the crime, and the attitude of the crime, there is a need to punish the Defendant. In the case of the crime of violation of the Road Traffic Act (Refusal of measurement), the Defendant driven 15 km away from his/her own under the influence of alcohol; the Defendant was ordered to take measures for drinking by the police officer of the Road Traffic Act after having received a report of 112, while driving a motor vehicle under the influence of alcohol; the Defendant was found to have failed to comply with the above summary order of KRW 10,00,00,000, and the circumstances leading up to the charge of the crime of violation of the Road Traffic Act (the foregoing crime of violation of the Road Traffic Act).

(2).

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