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(영문) 부산지방법원 2018.09.20 2018노2127
재물손괴
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the summary of the grounds for appeal (the imprisonment of four months, the suspension of execution of two years, the observation of protection, and the community service order of 80 hours) is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and where the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015, etc.). The amount of damage in the instant case is relatively small, and the Defendant is recognized to have recovered both the damage.

However, in light of the fact that the Defendant repeatedly committed the instant crime in the name of nine times (eight times of punishment and one time of the suspension of the execution of imprisonment), even if considering the Defendant’s age, living environment (person entitled to basic living), health conditions (e.g., spin-in fry, and frate frate), the sentence imposed by the lower court is conducted within the reasonable scope of discretion, and is not hot.

3. Accordingly, 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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