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(영문) 대구지방법원 2015.05.13 2015노908
특수재물손괴등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (2.5 million won of a fine) is too unreasonable.

2. In light of the following circumstances: (a) the Defendant recognized the instant crime and against his mistake; (b) the victim of the damage to property wishes to punish the Defendant; and (c) the Defendant did not have the same criminal record; (b) the lower court appears to have reduced the amount of fine for the summary order by taking account of the above favorable circumstances; (c) the Defendant agreed with the victim or was unable to recover substantial damage; (d) there was no special change in circumstances to change the sentence of the lower court after the decision of the lower court was rendered; and (e) other circumstances indicated in the records and arguments, such as the Defendant’s age, character and conduct, environment, etc., even if considering the Defendant’s assertion, the sentence imposed by the lower court is too unreasonable, and thus, the Defendant’s assertion

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 groundless. It is so decided as per Disposition.

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