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(영문) 수원지방법원 2018.12.12 2018노6260
재물손괴등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal asserts that the defendant is unfair because of the above excessive reduction of the punishment of the court below (five million won in penalty) and that the prosecutor asserts that the sentence of the court below is too unhued and unfair.

2. Determination is an unfavorable circumstance to the Defendant, in light of the method, frequency, and scale of damage, etc. of each of the instant property damage crimes, and the fact that the Defendant agreed with the victims or was unable to recover from damage.

On the other hand, it seems that there are some circumstances to consider the circumstances of each of the crimes in this case, and that there is no record of punishment exceeding the same kind or fine for the defendant, etc. are disadvantageous to the defendant.

It is difficult to view that the lower court’s punishment is too heavy or unreasonable in light of the above circumstances and other sentencing conditions indicated in the record, such as the Defendant’s age, sexual behavior, environment, family relationship, motive for committing an offense, and circumstances after committing an offense.

Therefore, the above argument by the defendant and the prosecutor is without merit.

3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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