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(영문) 서울서부지방법원 2020.06.15 2019노1410
재물손괴
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that of the lower court’s punishment of KRW 300,00,000 is too unreasonable.

2. The circumstances are favorable to the fact that the defendant recognized his mistake and reflected his mistake, compensated for damages, and agreed with the victim, and that there has been no past record of punishment exceeding the fine so far.

However, the crime of this case was destroyed by drinking the victim's toilet without any particular reason while under the influence of alcohol by the defendant, and the liability for the crime is not against the law.

It is not good that the defendant is in a trial, such as he/she has filed a request for a formal trial and has not been present in the trial.

The defendant has been sentenced to a fine or suspension of indictment for an violent crime even before.

The judgment below

There are no special circumstances or changes in circumstances that can be considered newly after the sentence.

In addition, comprehensively taking account of the defendant's age, character and conduct, environment, motive and means of crime, circumstances after crime, etc., the sentencing of the court below is not recognized as being too unreasonable.

Defendant’s assertion is without merit.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition.

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