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(영문) 부산지방법원 2020.10.15 2020노1498
재물손괴
Text

The defendant's appeal is dismissed.

Reasons

1. The determination of the summary of the grounds for appeal (i.e., a fine of one million won) is unreasonable;

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

The punishment seems to be determined by taking the defendant's reflectivity, details of crime, degree of damage, and agreement with victims as sentencing factors.

The court below did not err in selecting and applying sentencing factors, and there is no change in sentencing factors in the appellate court.

Although the sentencing criteria do not apply to a case where the defendant requested a formal trial against the summary order, the sentencing criteria are not applied, this court's review again the sentencing factors and other factors of sentencing which are set forth in the sentencing criteria for the crime of property damage.

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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