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(영문) 창원지방법원 2019.10.17 2019노1308
공용물건손상등
Text

The defendant's appeal is dismissed.

Reasons

1. The punishment (one year of imprisonment) imposed by the court below on the summary of the grounds for appeal is too unreasonable;

[Defendant asserted a mistake of facts that no injury was inflicted on D on the victim during the first trial date of the trial at the court below. However, the appellate brief and the appellate brief submitted by the defense counsel submitted by the Defendant acknowledged the crime that injured the victim D, and only stated to the effect that the sentencing of the court below is unfair. The defendant or defense counsel stated matters not included in the appellate brief in the appellate brief in the appellate court, it cannot be deemed that there were grounds for appeal as alleged in the statement (see, e.g., Supreme Court Decision 98Do1234, Sept. 22, 1998). The defendant's allegation of mistake of facts does not constitute legitimate grounds for appeal). 2. Determination of the lower court rendered a sentence against the defendant in consideration of the circumstances favorable to the defendant and unfavorable circumstances.

In full view of the matters that are the conditions for sentencing and the applicable sentences in the trial, no circumstance exists that the sentencing of the court below is deemed to have exceeded the reasonable bounds of its discretion or that it is deemed to be unfair to maintain the sentencing of the court below as it is.

In addition, considering the defendant's age, character and conduct, environment, criminal records, the background and result of the crime of this case, etc., the sentence sentenced by the court below is appropriate and too unreasonable.

Therefore, the defendant's assertion is without merit.

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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