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(영문) 의정부지방법원 2018.12.10 2018노2609
특수재물손괴
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) alleged to the effect that the instant crime was committed on October 15, 2018 in the statement of reasons for appeal filed by the Defendant on October 15, 2018, but the instant crime was committed on the grounds of mental or physical loss or mental weakness. However, the foregoing assertion was withdrawn on the first trial date, and thus,

The punishment of the court below (700,000 won) is too unreasonable.

2. The fact that the judgment of the court below recognizes the crime of this case and reflects it, and that the equity should be considered in the case where the crime of injury as stated in the judgment of the court below is judged simultaneously with the crime of injury.

However, in full view of all other circumstances, including the defendant's age, sex, environment, health conditions, circumstances after the crime, and circumstances after the crime, such as the defendant's age, sexual conduct, etc., environment, health conditions, circumstances after the crime, etc., the court below's punishment is deemed to be appropriate and it cannot be deemed to be unfair because it is too unreasonable, and thus, the defendant's argument on the sentencing of this case is without merit.

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

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