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(영문) 서울북부지방법원 2017.04.28 2016노2384
재물손괴등
Text

The defendant's appeal is dismissed.

Reasons

1. The penalty sentenced by the original court (No. 4,000,000 won) on the summary of the reasons for appeal is too unreasonable.

2. Although the Defendant’s judgment is against the instant crime, and there is an agreement with the victim, the Defendant has a history of criminal punishment over several times, the Defendant was sentenced to imprisonment for eight months on September 8, 2015, and two years of suspended execution, which became final and conclusive on February 19, 2016, and again committed the instant crime during the suspended execution period, and the nature of the relevant crime is very poor, and in full view of various sentencing conditions indicated in the instant case, including the Defendant’s age, sexual behavior, intelligence and environment, relationship with the victim, motive, means and consequence of the instant crime, and circumstances after the crime, etc., it cannot be said that the lower court’s punishment is too unreasonable.

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.

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