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(영문) 부산지방법원 2018.06.29 2018노359
공용물건손상
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (one year of a suspended sentence of six months) is too unreasonable.

2. There is no change in the terms and conditions of sentencing compared with the first instance court, and where the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Based on the foregoing legal doctrine, there is no change in the sentencing conditions compared with the lower court on the grounds that new materials for sentencing have not been submitted in the trial, and in full view of the factors revealed in the arguments in the instant case, the lower court’s sentencing was too too excessive and exceeded the reasonable scope of discretion.

It does not appear.

Therefore, the defendant's assertion is without merit.

3. As such, the Defendant’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that it is without merit. It is so decided as per Disposition (Article 25(1) of the Criminal Procedure Act on the ground that the Defendant’s appeal is dismissed in accordance with the reasoning of the judgment of the court below. However, since it is apparent that “1. Investigation Report (Attachment of global CCTV CDs)” was omitted in the column of evidence in the judgment of the court below, it is corrected

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