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(영문) 부산지방법원 2014.09.04 2014노2167
폭력행위등처벌에관한법률위반(공동재물손괴등)등
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (one million won of a fine) is too unreasonable.

2. The circumstances favorable to the defendant include the fact that the defendant led to the confession of the crime of this case and appears to repent his mistake, and that the economic situation of the defendant is not good.

However, in full consideration of the circumstances that are favorable to the defendant, the court below seems to have sentenced to the punishment more than 2 million won of the summary order (the fine) and there is no change of circumstances that differs from the original judgment and the punishment of the court below at the time of the trial. The crime of this case is committed by the defendant, etc. in the office of the trade union by damaging the defendant, etc., such as attaching the computer at the office of the trade union, and destroying the glass by taking chemical parts into account, thereby obstructing the meetings of the members of the trade union, and the crime is considerably excessive, and the nature of the crime is not minor, and the punishment of the court below is deemed appropriate in full view of various factors that are conditions for sentencing, such as the defendant's age, character and conduct, motive for the crime

Therefore, the defendant's assertion 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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