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(영문) 대전지방법원 2020.08.13 2020노661
상해등
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

A. misunderstanding of facts as to damage to public goods, the defendant was placed on a wall on the wall, which is a public object, on the wall by supporting the wall, and there is no supporting part.

B. The sentence imposed by the lower court (one year of imprisonment) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts in each of the evidences of this case, the defendant recognized the above public goods at the investigative agency, and the defendant led to the confession of the above public goods after obtaining the assistance of counsel in the court of original instance, the investigation report submitted by the prosecution (the CCTV in the criminal team office of the suspect), and the internal investigation report submitted by the prosecution conforms to the defendant's confession statement, and the defendant reversed the confession statement for the above reasons when the defendant was in the trial of the court of original instance, and the statement of reversal is acceptable.

In full view of the facts that it is difficult to find or support evidence, the judgment of the court below which found the defendant guilty of the damage to public goods above can sufficiently recognize that the defendant damaged the public goods of this case. Thus, there is no error of misunderstanding of facts in the judgment below which found the defendant guilty of the damage to public goods

B. In a case where there is no change in the conditions of sentencing compared to the original judgment on the assertion of unfair sentencing, and the sentencing of the lower court is not beyond the reasonable scope of discretion, it is reasonable to respect

As stated in the reasoning of the sentencing, the lower court determined the sentence in consideration of the favorable circumstances and unfavorable circumstances for the Defendant, and there is no change in the sentencing conditions of the lower court because new sentencing materials have not been submitted in the first instance court, and in full view of all the sentencing conditions of the Defendant, including the Defendant’s age, character and conduct, environment, family relationship, circumstances and result of the crime, etc., it cannot be deemed that the lower court’s punishment is too heavy.

3. The defendant's appeal is dismissed on the ground that it is without merit.

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