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(영문) 수원지방법원 2017.06.16 2016노9124
재물손괴
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of the grounds for appeal 1) Defendant’s punishment (an amount of KRW 3 million) is too unreasonable.

2) The Prosecutor’s sentence is too unhued and unreasonable.

2. The following facts are favorable to the Defendant.

The Defendant led to the confession of each of the facts charged in the instant case and divided his mistake.

The degree of damage to victims caused by each of the crimes of this case is relatively minor.

The defendant paid damages to the victims, and agreed with the victims.

The defendant's alcohol addiction symptoms seems to have affected the occurrence of this case, and the defendant is trying to treat the case.

On the other hand, the following facts are disadvantageous to the defendant.

The Defendant had a record of being subject to criminal punishment for violent crimes several times, and, in particular, the Defendant committed the instant crime without being aware of, and again committed the instant crime, even though he was punished by a fine, by committing the crime of interference with business twice during the period of repeated crime due to the crime of attempted murder.

In addition, comprehensively taking account of the circumstances surrounding the instant crime, Defendant’s age, sexual conduct, environment, and circumstances after the commission of the instant crime, etc., it cannot be deemed that the lower court’s punishment is too heavy or unreasonable to the extent that it goes beyond the reasonable scope of discretion, and thus, is unreasonable.

Therefore, the argument that the sentencing of the defendant and the prosecutor is unfair is without merit.

3. The appeal filed by the Defendant and the prosecutor in conclusion is without merit, and all of them are dismissed under Article 364(4) of the Criminal Procedure Act.

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