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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울서부지방법원 2019.09.26 2019노639
재물손괴
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (one million won of fine) is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to the judgment of the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). The Defendant led to the confession of the instant crime, and the fact that there is no record of criminal punishment exceeding the fine is favorable to the Defendant.

On the other hand, the Defendant’s previous conviction, which was sentenced to a fine of KRW 500,00 by the Seoul Western District Court on March 27, 2013, was due to the use of an assault against the victim B. The instant case also is hard to see that the possibility of criticism is low due to the damage of property owned by the victim in the process of a verbal dispute with the same victim, and the fact that it was not agreed with the victim is unfavorable to the Defendant.

In full view of the above normal relationship and the Defendant’s age, character and conduct, environment, motive and circumstances leading to the instant crime, and circumstances before and after the instant crime, etc., the judgment of the lower court’s sentencing cannot be deemed to have exceeded the reasonable bounds of discretion.

In addition, there is no change in circumstances that it is unreasonable to maintain the sentencing of the court below in the trial.

Therefore, the defendant's assertion of unfair sentencing is without merit.

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

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