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(영문) 의정부지방법원 2015.06.03 2014노2387
재물손괴
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that of the lower court’s punishment of KRW 500,00,000 is too unreasonable.

2. The fact that the Defendant was in the trial and recognized all of the crimes of this case, and that the economic situation is not good, such as the Defendant supporting and living alone as an acting driver, is favorable to the Defendant.

However, the crime of this case is a case where the victim, who was under the influence of alcohol, destroyed the victim's vehicle trop and 30 minutes away from the victim's vehicle trop because of the misunderstanding that the victim escaped, and thus, the victim's fear and mental shock seems to be high. In full view of all the sentencing conditions, including the motive for the crime including additional damage to the vehicle in the course of driving the defendant, the method and consequence of the crime, and the circumstances after the crime, etc., the sentence of the court below is too unreasonable.

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

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