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(영문) 대구지방법원 2017.12.01 2017노1691
재물손괴등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (the penalty amounting to KRW 3.5 million) is too unreasonable.

2. The judgment of the defendant is against the confession of each of the crimes of this case, and the defendant appears to have committed each of the crimes of this case by contingency while under the influence of alcohol, and the victim also expressed his/her intention to not punish the defendant with regard to each of the crimes of destruction of property of this case at an investigative agency, and the defendant seems to have a very difficult economic situation, such as being proceeding with the individual rehabilitation procedure as a basic livelihood recipient, and the health conditions are deemed not good due to depression, etc., and the defendant seems to have no criminal record exceeding the fine.

However, this case is an unfavorable circumstance, such as the damage to the head of the cafeteria operated by the victim or the intrusion upon the victim's residence without following due process on the ground that the defendant wants to take care of his or her her son who is divorced, and the liability for the crime is not easy to recover the damage of the victim caused by each of the property damage in this case. The victim is punished for the crime of intrusion upon residence in this case, and the defendant committed each of the property damage in this case even though he or she had been punished several times due to the same kind of crime in relation to property damage.

In addition to the above circumstances, the court below appears to have sentenced to a fine reduced than the summary order, taking into account the circumstances favorable to the defendant, and there is no change of circumstances that could change the punishment as determined by the court below, and considering the defendant's age, sex, environment, motive and background leading to the crime of this case, its means and consequence, and all of the sentencing conditions stated in the records and theories of this case, including the circumstances after the crime, there is no punishment imposed by the court below.

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