Text
The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal is unreasonable as the penalty (a fine of KRW 800,000) imposed by the lower court is excessively unreasonable.
2. 판단 살피건대, 피고인이 이 사건 범죄사실을 자백하고 자신의 잘못을 깊이 반성한다고 진술하고 있는 점, 우발적 범행인 점, 경제적 형편이 넉넉지 않은 점, 원심판시 판결이 확정된 재물손괴죄 등 사건과 동시에 판결할 경우와 형평을 고려해야 하는 점, 피해가 비교� 경미한 점 등은 피고인에게 유리한 정상으로 인정된다.
However, in light of the contents and methods of the crime, etc. of this case, the crime of this case committed by the defendant is not less severe than the nature of the crime; the victim agreement or complete damage recovery has not yet been made; the defendant has been punished several times due to the crime of the same or similar kind; the court below appears to have partially mitigated the claim amount of a summary order and determined a fine, taking into account the various circumstances of the defendant, and there is no special change in circumstances that could change the sentence of the court below at the trial of this case; and in full view of the defendant's age, character, character, intelligence and environment, motive and background of the crime of this case, relationship with the victim, circumstances after the crime, criminal records, and family relations, etc., the defendant's punishment imposed by the court below is not recognized to be unfair because it is too unreasonable. Thus, the defendant's assertion is without merit.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.