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(영문) 창원지방법원 2016.12.15 2016노946
특수재물손괴
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the reasons for appeal (one year of suspended sentence for four months of imprisonment) of the original judgment is too unreasonable.

2. The judgment is based on the following facts: (a) the Defendant led to the confession of a crime; and (b) the Defendant did not have any previous conviction exceeding the fine is a favorable reason for sentencing; (c) the instant crime is a dangerous object; (d) the type of the act is dangerous; (e) the Defendant did not agree with the victim; and (e) the fact that there was only one time of violence offense is an unfavorable reason for sentencing.

In full view of the above sentencing factors, considering the Defendant’s age, family relation, economic situation, background and motive leading to the crime, and all other matters regarding the sentencing specified in the records and arguments in this case, the judgment below’s punishment is deemed appropriate, and the Defendant’s 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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