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(영문) 대구지방법원 2013.11.12 2013노1935 (1)
재물손괴등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Of the facts charged of mistake of facts in the instant case, the Defendant did not intrude into the victim G’s residence.

The court below acquitted the defendant on this part of the facts charged.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (hereinafter referred to as a fine of four million won) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below regarding the assertion of mistake of facts, the defendant sufficiently recognized the fact that the defendant had invadedd the victim G 205, where the victim G had a long-term coverion as stated in this part of the facts charged, without the consent of the victim G.

The judgment of the court below which found the defendant guilty of this part of the facts charged is just, and there is no error of law by mistake.

B. The Defendant has a record of having been punished several times for violent crimes, and there is also a record of having been punished by a fine as a crime of violation of the Road Traffic Act (Refusal of measurement) around 2001.

The defendant disputed with the victim D as a matter of the introduction fee of female employees G, accompanied by the victim D's house gate, attached to the police box, and inflicted an injury upon the victim D, and accompanied by the victim G intrudes into the female house in a long-term operation, and accompanied by a storm, etc. installed at the place.

In the process, the Defendant was under drinking, and the blood alcohol level of the Defendant was 0.063%.

At the investigation stage, there was an agreement with the victim I of the damage of property at the time of the investigation, but the victim D and G did not recover from damage until the trial was held, and there was no agreement with the above victims.

In addition, considering the circumstances after the instant crime, the Defendant’s age, character and conduct, environment, etc. and all the sentencing conditions shown in the records and pleadings, the sentence imposed by the lower court cannot be deemed unfair because it is too unreasonable.

3. In conclusion, the defendant's appeal is without merit and Article 364 (4) of the Criminal Procedure Act is not reasonable.

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