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(영문) 창원지방법원 2013.04.18 2012노2417
재물손괴
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Since the court below found the defendant guilty of the facts charged in this case without any evidence that the victim's property was damaged, the court below erred by misapprehending the rules of evidence or by misunderstanding the facts and affecting the conclusion of the judgment.

B. In light of the fact that the Defendant agreed with the victim on unreasonable sentencing and that the damage caused by the instant crime is minor, the punishment imposed by the lower court (one million won of fine) is too unreasonable.

2. Determination

A. Comprehensively taking account of the evidence duly admitted and examined by the court below as to the assertion of mistake of facts, the defendant can sufficiently recognize the fact that the defendant damaged the victim's property by making the closure string machine installed at the entrance of the functional health foods shop operated by the victim D, using the non-shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot

B. Even when considering the circumstances alleged by the Defendant as to the assertion of unfair sentencing, the Defendant’s act of committing the instant crime without any particular reason; the Defendant’s act of force of the non-toy rifle used for the instant crime could not be deemed to be weak; thus, there was a risk of causing more severe consequences; the Defendant had been sentenced several times in the past; the Defendant denied the instant crime up to this court even though the Defendant committed the instant crime and agreed with the victim, and thus, it is difficult to see that the Defendant’s mistake is contrary to the Defendant’s mistake; and other circumstances, which are the conditions for sentencing as specified in the records and arguments, such as the Defendant’s character, conduct and environment, etc., are considered as inappropriate. Therefore, the Defendant’s above assertion 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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