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(영문) 의정부지방법원 2016.10.11 2016노1849
재물손괴
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of three million won) of the lower court is too unreasonable.

2. Determination

A. It is recognized that the Defendant led to the instant crime and is against the nature of the Defendant, and the degree of damage is not serious.

B. However, in light of the circumstances and attitudes of the instant crime, the nature of the crime is not somewhat weak; the Defendant has been punished for the same violent crime several times (limited to the period of punishment for imprisonment), the Defendant did not agree with the victim and did not take any measures for the repayment of damage; there was no special change in circumstances after the sentence of the lower judgment was rendered; and other circumstances, which form the conditions for the sentencing specified in the instant pleadings, such as the Defendant’s age, circumstances leading to the crime, and the circumstances after the crime, are considered as favorable to the Defendant, the lower court’s punishment is not determined to be undue, even if considering the aforementioned circumstances favorable to the Defendant.

Therefore, the defendant's above assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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