logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2015.07.16 2015노81
재물손괴등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (one million won of fine) is too unreasonable.

2. The circumstances favorable to the Defendant include: (a) the Defendant recognized the crime and reflects the fact that the Defendant would not intrude the victim’s structure; (b) there are some circumstances to consider the circumstances leading to the instant crime; and (c) the fact that the Defendant’s health status is not good, etc.

However, there are circumstances that are disadvantageous to the defendant, such as the fact that the defendant damaged the front door number height of the building managed by the victim and the victim reported it to the police, and that the responsibility for the crime or the degree of damage cannot be deemed to be less than that of the crime, such as intrusion on the building more than twice even thereafter, criminal records including violent criminal records, and that the defendant did not agree with, or did not recover from, the victim.

In addition, considering the motive and circumstances of the crime, the means and consequence thereof, the circumstances after the crime, the defendant's age, career, character and conduct, environment, etc., as well as various sentencing conditions shown in the records and arguments, the sentence of the court below is too unreasonable.

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

arrow