logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2015.07.07 2014노2050
재물손괴
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

A. The Defendant, at the time of the instant crime, committed a mistake of fact, even though there was a fact that he was a motor vehicle owned by the victim by a guest gum, but did not damage the victim

Even if there was damage caused by the defendant's act, the amount of damage claimed by the victim is too excessive.

B. The lower court’s sentence of unreasonable sentencing (three million won of fine) is too unreasonable.

Judgment

A. The lower court determined that, in full view of the Defendant’s written statement, damaged photographs, and the result of reproduction and viewing of video CDs in the lower court’s court, the Defendant could fully recognize the fact that the Defendant damaged the victim’s motor vehicle, by taking account of the Defendant’s legal statement, that “a dog has been slicked and slicked, and the last part has been reduced.”

According to the records, the above judgment of the court below is just, and according to the records of investigation reports (related to written estimates), the facts that the victim's vehicle was damaged by the defendant's crime of this case to incur approximately KRW 2,615,300 of the market price.

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

B. In light of the following circumstances: (a) the Defendant did not agree with, or did not compensate for, the victim of the instant crime; (b) the victim should bear approximately KRW 2.6 million of the repair cost; and (c) the Defendant had the power to be punished by a fine due to the damage to property; and (d) the Defendant’s age, character and conduct, environment, motive and circumstance of, and circumstances after, the instant crime were committed; and (b) other factors of sentencing as indicated in the instant records, such as the Defendant’s age, character and conduct

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

Thus, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is not reasonable.

arrow