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(영문) 창원지방법원 2014.10.10 2014노1329
재물손괴
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds of appeal is that the defendant confessions and reflects the defendant, and that the defendant entered into a new construction contract with the F and completed the construction work with the F around 2008, the construction work was not paid by the F. Therefore, the crime of this case was committed under the belief that the right to retention for the house of this case was established. The degree of damage suffered by the victim D (hereinafter "victim") who purchased the house of this case from F due to the defendant's crime of this case because the house of this case was worn out, the extent of damage suffered by the victim D (hereinafter "victim") who purchased the house of this case due to the defendant's crime of this case is not excessive, the defendant is the first offender with no criminal power, and the defendant's economic situation is difficult. In light of the above, the punishment of the fine of this case (4 million won) imposed by the court below is unreasonable.

2. Taking into account the circumstances alleged by the Defendant, the instant crime was committed in red and black painting to impair the utility of property equivalent to 14,585,250 won in total by stating in the outside wall of the instant house, the entrance door, the new kitchen, the living room, the kitchen, the kitchen, the large amount of windows, etc., of the instant house using the crepans in which the Defendant does not have the victim, and the case is not easy to reach an agreement with the victim because the Defendant did not make any effort to recover damage up to the trial, and the Defendant did not make any effort to recover damage. In full view of all the circumstances such as the character, conduct and environment of the Defendant, the background and result of the instant crime, the circumstances after the instant crime, etc., and the conditions of sentencing as shown in the records and arguments, and thus, it cannot be deemed unfair since the sentence imposed by the lower court is without merit. Therefore, the aforementioned argument by the Defendant is without merit.

3. In conclusion, the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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