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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 부산지방법원 2015.07.16 2015노1207
재물손괴등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. There is no fact that the Defendant, like the facts charged in this case, assaulted the victim or damaged property.

B. The lower court’s sentencing (one million won of fine) is too unreasonable, even if not, on the other hand, unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below as to the assertion of mistake of facts, the defendant can sufficiently recognize the fact that the defendant assaultsed the victim C and damaged the safety of the victim as stated in the facts charged of this case. The circumstance alone, as alleged by the defendant, is likely to doubt the credibility of the victim C's testimony, and the judgment of the court below is erroneous in the misapprehension of facts, which affected the conclusion of the judgment, and thus, the defendant'

B. The instant crime on the assertion of unfair sentencing does not seem to be unfair on the ground that the sentencing of the lower court in light of the following circumstances: (a) the Defendant’s age, character and behavior, environment, motive and background of the offense, means and method of the offense; and (b) circumstances that conditions for sentencing as indicated in the instant argument and the record, such as the circumstance after the crime, etc. are attached to the Defendant, and thus, the Defendant’s assertion on this part is without merit, on the grounds that the sentencing of the lower court is unreasonable, inasmuch as it is difficult to deem that the Defendant’s assertion on this part is without merit.

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

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