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(영문) 부산지방법원 2019.06.13 2019노1270
재물손괴
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (four months of imprisonment) is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015 (see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). The crime of this case was committed by the Defendant before the restaurant operated by the victim, and the lower court determined a punishment by taking into account the following: (a) the Defendant, who was sentenced to imprisonment for the same kind of crime, committed again the crime of this case; (b) the Defendant did not reach an agreement with the victim; and (c) the amount of

In addition, considering the following factors, comprehensively taking into account the Defendant’s age, character and conduct, records of the crime, the method and circumstances of the crime, and the circumstances after the crime, the sentence imposed by the court below is conducted within the reasonable scope of discretion, and is not hot.

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

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