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(영문) 서울북부지방법원 2020.06.23 2020노178
재물손괴등
Text

The defendant's appeal is dismissed.

Reasons

1. The court below's scope of trial in this case dismissed the public prosecution as to the assault against the victim G among the facts charged in this case, and sentenced the conviction as to the remaining facts charged. Since only the defendant appealed as to the guilty part among the judgment below, the dismissal of prosecution which the prosecutor did not appeal was separated and finalized as it is.

Therefore, the scope of this court's judgment is limited to the conviction part of the judgment below.

2. The summary of the grounds for appeal (e.g., a fine of three million won) of the lower court against the Defendant is too unreasonable.

3. In a case where there is no change in the conditions of sentencing compared with the judgment of the first instance court on the grounds of appeal, 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). In full view of the following: (a) there is no new circumstance to consider sentencing after the pronouncement of the lower judgment; (b) the nature of the crime of this case is not less than that of the crime; and (c) the circumstances alleged by the Defendant in the trial at the trial are deemed to have been sufficiently considered in determining the punishment in the lower court; and (d) other factors indicated in the pleadings, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, the sentence imposed by the lower court is too unreasonable.

4. 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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