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(영문) 청주지방법원 2016.09.19 2016노904
재물손괴
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (an amount of KRW 1.5 million) is too unreasonable.

2. Circumstances favorable to the defendant are as follows.

The Defendant recognized and reflected the instant crime.

The principle of equity shall be taken into consideration in cases where a judgment has been rendered concurrently with the criminal facts committed before the first head of the judgment below.

Circumstances unfavorable to the defendant are as follows:

The defendant did not agree with the victims.

The Defendant broken down the string of the victims’ vehicles, and destroyed the flick glass angle with a string of the string, thereby damaging the flring.

As a result of the Defendant’s instant crime, the victims’ vehicle was destroyed to the extent that the repair cost was KRW 1,729,020 (the Defendant asserted that the repair cost is excessive, but the repair cost is not excessive when considering the victim’s vehicle damaged parts, the degree of damage, and the expenses incurred in replacing parts.).

In addition, considering the Defendant’s age, sex, career, environment, background and consequence of the crime, and all of the sentencing conditions indicated in the instant records and the previous theories, such as the circumstances after the crime, the lower court’s punishment is too unreasonable.

Defendant’s assertion is without merit.

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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