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(영문) 서울서부지방법원 2020.06.25 2020노225
재물손괴등
Text

The defendant's appeal is dismissed.

Reasons

1. Of the facts charged against the Defendant, the lower court dismissed the prosecution on the charges of assaulting and causing property damage and convicted the Defendant of the charges of causing property damage. Since only the Defendant appealed on the guilty portion of the lower judgment, the dismissal of the foregoing public prosecution was separated and finalized as it is.

Therefore, the scope of the judgment of the court shall be limited to the conviction part of the judgment below.

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

3. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Based on the foregoing legal doctrine, the lower court, based on the foregoing legal doctrine, determined the sentence by comprehensively taking account of the various circumstances as stated in its reasoning.

In addition to the circumstances indicated by the lower court, no new circumstance exists to change the sentence of the lower court in the trial, and even considering all the sentencing factors indicated in the pleadings of the instant case, such as the Defendant’s age, character and conduct, environment, motive and means of the crime, and circumstances after the crime, the lower court’s sentencing is too excessive to exceed the reasonable scope of discretion.

The defendant's assertion of unfair sentencing is without merit.

4. Thus, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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