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(영문) 서울중앙지방법원 2018.07.17 2018노1216
재물손괴등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the court below is too unreasonable.

2. The judgment has the favorable circumstances for the defendant, such as the fact that the defendant recognized the facts of the crime in the first instance and divided, and the fact that the defendant is a person with a disability of grade IV.

However, there are a lot of records that the Defendant was punished for the same kind of crime in the past, and further, the Defendant again committed the crime in this case during the period of repeated crime for which long has not yet passed after the execution of imprisonment, such as the records on the records on the record of the crime in the judgment of the court below, and the same victim had already committed the crime in the past two times, and did not receive any tolerance from the victim, and made efforts to recover from

Comprehensively taking account of the fact that there is no evidence to determine the person (the victim's death on January 8, 2018) and other circumstances that form the conditions for sentencing as shown in the records and pleadings of this case, such as the age, sex, environment, background and result of the crime, the circumstances after the crime, etc., the sentence imposed by the court below is deemed to be appropriate, and is too unreasonable.

The above assertion by the defendant is without merit.

3. According to the 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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