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(영문) 서울남부지방법원 2014.02.13 2013노1833
재물손괴
Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal by the defendant is that the punishment (500,000 won of fine) imposed by the court below is too unreasonable.

Therefore, even if there are circumstances to consider the circumstances leading to the entry into the Seoul Yeongdeungpo-gu Seoul Metropolitan Government “C” 813, the use of violent means that damage the strengthened glass entrance during the entry process cannot be justified. Considering the Defendant’s assertion related to the circumstances leading to the instant crime, the lower court sentenced a fine of KRW 5 million which has already been greatly reduced by a fine of KRW 3 million under the summary order, and the lower court did not have any special circumstances or changes in circumstances that may be considered for sentencing newly after the sentence of the lower judgment, and taking into account other various circumstances that form the conditions for the instant pleadings and the sentencing indicated in the records, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime, and the following circumstances, it is not recognized that the lower court is too unreasonable to deem that the Defendant’s sentence should be reversed.

Therefore, the defendant's assertion is without merit.

Therefore, the defendant's appeal is without merit, and 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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