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(영문) 서울중앙지방법원 2016.10.14 2016노2644
재물손괴등
Text

The defendant's appeal is dismissed.

Reasons

1. The punishment of the first instance (six months of imprisonment and two years of suspended execution) shall be too unreasonable; and

2. The following may be considered in light of the circumstances favorable to the defendant: (a) the fact that the defendant repents the errors; (b) the fact that the victim of the damage to property appears to be a contingent crime; and (c) the victim of the damage to property does not want to be punished against the defendant; and (d) the police officer who submitted a written application to the effect that he/she contributed to the defendant'

However, the Defendant’s punishment power due to violence (two times of suspension of execution, four times of fine, and one time of murder by organized conspiracy), and the period of suspension of execution of the judgment sentenced in 2015 has elapsed, and this case was committed by the Mariner, 2015, and the nature of the crime is not good, such as taking the police officers who damaged another’s property or dispatched to the site for a minor reason and inquire about the damage and damage of property. There is no change of circumstances that may reduce the punishment of the first instance after the sentence of the first instance, and all other circumstances, including the Defendant’s age, character and behavior, career, home environment, motive and means of the crime, and circumstances after the crime, etc., are all considered, it cannot be deemed that the first instance sentence is heavy.

Therefore, the defendant's assertion is not accepted.

3. If so, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act.

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