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(영문) 서울중앙지방법원 2014.09.05 2014노2692
재물손괴
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal by the defendant is improper because the punishment imposed by the court below on the defendant (700,000 won of fine) is too large.

2. However, the defendant reflects the error that he destroyed CCTV without any particular reason, and takes into account the circumstances agreed with the victim in favor of the defendant.

However, considering all the above circumstances favorable to the Defendant, the lower court sentenced a fine of KRW 700,00,000, which was reduced compared to the fine amount of the summary order already issued, and there is no special circumstance or circumstance that may be newly considered in the sentencing after the sentence of the lower judgment. In full view of the developments and degree of damage of each of the instant crimes, including the Defendant’s criminal records, and various sentencing factors indicated in the records and arguments, the lower court’s sentence is too heavy.

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

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