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(영문) 서울동부지방법원 2017.11.17 2017노990
재물손괴
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although the defendant misunderstanding the facts did not destroy the entrance glass of the victim as shown in the facts charged, the court below found the defendant guilty of the facts charged of this case by misunderstanding the facts, which affected the conclusion of the judgment.

B. In light of the various sentencing conditions of this case where sentencing is unfair, the sentence of a fine of KRW 500,000 imposed by the court below against the defendant is too unreasonable.

2. Determination

A. The Defendant alleged the same purport in the lower court’s judgment as to the assertion of mistake of facts, and the lower court found the Defendant guilty of the instant charges on the grounds that the Defendant could have acknowledged the fact that the victim’s entrance door was cut off by hand and cut off, taking into account the circumstances acknowledged by the evidence duly admitted and investigated.

In light of the above evidence, a thorough examination of the circumstances presented by the court below in light of the above evidence is just in rejecting the defendant's assertion based on such circumstances and finding the defendant guilty of the facts charged in this case, and there are errors as alleged by the defendant.

subsection (b) of this section.

Ultimately, the defendant's assertion of mistake is without merit.

B. In full view of the grounds for sentencing indicated in the instant arguments and records, the lower court’s sentencing on the Defendant appears to have been appropriately determined by fully taking account of all the circumstances, including the various grounds for sentencing alleged by the Defendant, and there are no special circumstances to change the above punishment.

Ultimately, we do not accept the defendant's unfair argument of sentencing.

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

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