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(영문) 서울남부지방법원 2019.10.29 2019노1123
재물손괴등
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s imprisonment (ten months of imprisonment) is too unreasonable.

2. The judgment of unfair sentencing refers to the case where the sentence of the judgment of the court below is too heavy or too minor in light of the content of the specific case.

Based on the statutory penalty, the sentencing is a discretionary judgment that takes place within a reasonable and appropriate scope by comprehensively taking into account the conditions of the sentencing prescribed in Article 51 of the Criminal Act based on the statutory penalty, and there is a unique area of the first instance court in our Criminal Procedure Act, which takes the trial-oriented principle and the direct principle.

In addition to these circumstances and the ex post facto nature of the appellate court, if there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court is not beyond the reasonable scope of discretion, it is reasonable to respect it.

(2) In light of the aforementioned circumstances, the lower court rendered the above sentence to the Defendant in consideration of the circumstances favorable to the Defendant, including the following: (a) the Defendant’s previous convictions related to violence and repeated crimes during the repeated crime period; (b) the Defendant committed a crime; (c) the Defendant recognized and reflects the victims; and (d) there is no special circumstance or change of circumstances that may be considered for sentencing newly in the trial; and (c) taking full account of all the sentencing factors indicated in the instant records and arguments, including the Defendant’s age, character and conduct, family relationship, motive and circumstance of the crime; and (d) the circumstance after the crime was committed, the lower court does not seem to have exceeded the reasonable scope of discretion, considering that the lower court’s sentencing was too excessive, even if the agreement on the crime of property damage and damage was submitted in the D Age Club.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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