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(영문) 수원지방법원 2019.09.16 2019노1428
재물손괴등
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the gist of the grounds of appeal in light of the following: (a) the degree of damage caused by the instant crime is not heavier than the degree of damage; (b) the confession and reflect of the Defendant; (c) the Defendant is making efforts to reach an agreement; (d) the Defendant’s health conditions are not good due to depression, public yellow disorder; and (e) the Defendant raises a large number of animals living alone, the punishment of the lower court (two months of imprisonment and fine of one million won) is too unreasonable.

2. The Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, ought to respect the determination of sentencing in cases where there exists a unique area of the first instance court, and there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Even if the materials submitted in the trial at the trial, there is no significant change in the sentencing conditions compared to the original judgment, and comprehensively taking account of all the factors indicated in the records of this case, the lower court’s sentencing is too unreasonable to have exceeded the reasonable scope of discretion.

3. In conclusion, the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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