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(영문) 광주지방법원 2020.12.08 2020노2405
재물손괴등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor and fines of KRW 200,00) of the lower court is too unreasonable.

2. The fact that the Defendant recognized each of the instant crimes is an element of sentencing favorable to the Defendant.

On the other hand, on December 2, 2019, the defendant was driving under the period of suspension of the execution, causing injury to PP and damage to the motor vehicle owned by the above victim. On May 29, 2020, the defendant without obtaining a license for a motorcycle that was not covered by mandatory insurance on July 19, 2020, causing repeated traffic crimes such as non-licensed driving of a motorcycle that was not covered by mandatory insurance on July 19, 2020. In addition, on November 30, 2019, the defendant stolen six keys from the victim E to the victim on November 30, 209. On February 3, 2020, the defendant committed the crime of violation of the Automobile Accident Compensation Act, which was disadvantageous to the defendant.

In addition, the lower court did not change the sentencing conditions that may be newly considered in this court compared to the lower court, comprehensively taking into account the above factors of sentencing.

In addition, considering the Defendant’s age, character and conduct, criminal records, motive and background leading to the instant crime, and circumstances after the instant crime, etc., the lower court’s punishment is only within the reasonable scope of discretion, and it is not deemed unfair because it is too unreasonable.

3. The defendant's appeal is without merit and thus dismissed pursuant to Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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