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(영문) 서울중앙지방법원 2015.11.06 2015노2914
재물손괴
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not destroy the victim’s property as stated in the first instance court.

B. The sentencing of the first instance court on the unfair sentencing (2 million won of fine) is too unreasonable.

2. Determination

A. Comprehensively taking account of the evidence duly adopted and examined by the first instance court as to the assertion of mistake of facts, the fact that the defendant damaged the victim's property can be recognized as stated in the judgment of the first instance court.

Therefore, there is no error of misunderstanding of facts in the first instance court which made the above decision, and the defendant's assertion on this is without merit.

B. In full view of various circumstances, including the background of the instant crime committed by the Defendant against the allegation of unfair sentencing, the circumstances after the commission of the crime, the fact that the Defendant’s identity is not visible, the degree of damage, and other various circumstances, which are conditions for the sentencing specified in the records, such as the Defendant’s age, character and conduct, environment and family relationship, the sentencing of the first instance court against the Defendant is too unreasonable, and thus, the Defendant’

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since the defendant's appeal is without merit.

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