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(영문) 서울중앙지방법원 2018.10.04 2018노1441
재물손괴
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (an amount of KRW 4 million) is too unreasonable.

2. The Defendant, who recognized the crime, runs against the Defendant.

The victim has agreed to pay the full amount of damage and to make it smooth with the victim, and the victim wanted to take the action against the defendant.

The degree of damage is relatively little.

Such circumstances are favorable to the defendant.

However, the defendant has been punished several times for violent crimes.

In the case of this case, as a result of damaging a taxi due to a minor reason, the liability for the crime is not easy in light of the method of crime, etc.

Such circumstances are disadvantageous to the defendant.

In addition, if the defendant's age, career, sex, environment, motive and background of the crime, means and consequence of the crime, etc. are considered in consideration of various sentencing conditions as shown in the arguments and records, the sentence of the court below is too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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