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(영문) 부산지방법원 2019.09.05 2019노1985
재물손괴
Text

The defendant's appeal is dismissed.

Reasons

1. Determination of the summary of the grounds for appeal (e.g., 300,000 won of a fine) is unreasonable;

2. The lower court rendered a judgment that maintained the summary order.

It seems that the punishment is determined in consideration of the background of the occurrence of the case and the degree of damage.

There is no change in sentencing elements in the appellate court.

Although the sentencing criteria are not applied to the case of the request for formal trial against the summary order, even if this court examines again the sentencing factors and other factors of sentencing which are set forth in the sentencing criteria for the crime of property damage in this court, the decision of the original court is unreasonable.

3. The appeal by the defendant is without merit.

The dismissal under Article 364 (4) of the Criminal Procedure Act is dismissed.

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