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(영문) 대구지방법원 2017.11.23 2017노2705
특수재물손괴
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal is too unreasonable (two years of suspended sentence in six months of imprisonment).

2. The lower court rendered the above sentence by taking into account the favorable circumstances, such as the fact that the Defendant’s mistake is divided and the victim does not want the punishment of the Defendant.

In addition to the circumstances taken into account by the court below, the defendant was punished for several violent crimes, and the defendant committed the crime of this case under unfavorable circumstances, and the victim wanted to take the defendant's wife in the trial of the party, respectively.

In full view of the Defendant’s age, sex, environment, health, circumstances leading to the commission of a crime, means and result, scale of a crime and circumstances after a crime, etc., which can be known through records and pleadings, the sentence sentenced by the lower court appears to be reasonable, and the lower court’s sentencing judgment exceeded the reasonable bounds of discretion.

There is no circumstance that the assessment or maintenance thereof is deemed unfair (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Therefore, it is difficult to deem that the sentence imposed by the lower court is unfair because it is too unreasonable as the Defendant alleged.

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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