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(영문) 창원지방법원 2017.06.14 2017노395
재물손괴
Text

The defendant's appeal is dismissed.

Reasons

1. Sentencing sentencing on the gist of reasons for appeal

2. The lower court, in light of the fact that the Defendant agreed smoothly with the victim, favorable circumstances that the Defendant committed multiple criminal offenses, including violent crimes, determined the sentence (two years of suspended sentence in April) by taking into account the Defendant’s age, sexual conduct, environment, motive and means of the crime, circumstances after the crime, etc., and taking into account various sentencing conditions, such as the Defendant’s age, sexual behavior, environment, motive and means of the crime, etc.

Although the defendant's mistake is against the court in the above trial, the above sentencing conditions changed.

It is difficult to see circumstances that can be determined by the victim, and considering the following factors: (a) the nature of the crime is not very good in light of the form and degree of damage to property, (b) the defendant has a past record of punishment such as criminal records, etc. due to violent crimes; and (c) the punishment of the court below is deemed appropriate in consideration of the above factors of sentencing.

Defendant

The argument 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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