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(영문) 수원지방법원 2016.05.10 2015노5789
재물손괴
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court below that found the Defendant guilty of the facts charged in this case, although the Defendant did not have damaged the front and rear wheels of the victim vehicle.

B. The punishment sentenced by the lower court (2 million won) is too unreasonable.

2. Determination

A. In full view of the evidence duly examined and adopted by the court below, in particular witness D’s testimony, victim CCTV images, etc., the defendant can sufficiently be found to have damaged the front and rear wheels of the victim’s vehicle and thus, there is no error in the judgment of the court below that found the defendant guilty.

B. In light of the following: (a) the fact that the instant crime was committed and the damage caused by the instant crime was not recovered; (b) the Defendant had the history of having been sentenced to a fine twice as a crime of violence; and (c) the fact that there were no special circumstances to change the sentence of the lower court when it was in the past, and the Defendant’s age, sexual conduct, criminal records, motive and means of the crime; and (d) all of the sentencing conditions, including the circumstances before and after the crime, are equally considered, the lower court’

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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