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(영문) 서울북부지방법원 2018.06.29 2018노663
재물손괴
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the court below is unfair because the punishment (amounting to 400,000 won) imposed by the court below is too unreasonable.

2. The judgment of the court below is a favorable circumstance where the defendant moved the victim's vehicle to the defendant while the defendant was standing the crosswalk, and the defendant was placed on the part of the victim's vehicle with visual stick for the disabled, and the victim seems to have given a certain reason to the end of the case, and the defendant is led to confession and reflect against the defendant.

However, the fact that the injured person is wanting to be punished by the defendant, the defendant did not recover any damage to the victim, including the payment of repair expenses, and the defendant has a record of criminal punishment nine times including the record of punishment twice as a result of suspended execution.

The above favorable circumstances appear to have been reflected in the sentencing of the lower judgment, and there is no change in the circumstances after the pronouncement of the lower judgment.

Therefore, it is difficult to view that the sentence imposed by the court below is too unreasonable because the sentence imposed by the defendant is too large.

3. The appeal by the defendant is without merit, and thus, 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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