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(영문) 서울중앙지방법원 2015.05.14 2014노721
재물손괴등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact, the Defendant did not insult the victim by taking a bath while there are many visitors.

B. The lower court’s sentence on the Defendant of unreasonable sentencing (2 million won of fine) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below, such as the victim F’s statement on the assertion of mistake of facts, etc., since the defendant could sufficiently recognize the victim’s insulting statement as stated in the judgment of the court below among many traffic-related persons, and thus, the defendant’s allegation in this part is without merit.

B. The instant crime on the assertion of unfair sentencing is deemed to be unfair, even if considering the circumstances of the Defendant’s assertion, by taking into account the following factors, the lower court’s punishment is too unreasonable, even if it is too unreasonable to take into account the following factors: (a) the Defendant’s sexual female victim was able to destroy and take a bath against the Defendant while driving a high-class foreign car; and (b) the victim’s mental impulse caused by the instant crime appears not to have considerable mental impulse; (c) the Defendant’s age, character and behavior, environment, and the background and consequence of the instant crime; and (d) all of the sentencing conditions indicated in the instant argument, including the Defendant’s age, character and behavior, and the circumstances after the instant crime, etc.

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.

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