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(영문) 창원지방법원 2016.11.10 2016노2368
공용물건손상등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (six months of imprisonment) is too unreasonable.

2. In light of the judgment, it is an unfavorable reason for sentencing that the Defendant, who led to the confession of the offense, was both recovered, and all damages were agreed with the victim, and that the defrauded amount was relatively small at least KRW 1.60,000,00, and the record of punishment for the crime of interference with business was four times, and there was several criminal records of violence, and that the Defendant again committed the offense at least two months after he was released from the prison for about one year and two months, due to the violation of the Punishment of Violences, etc. Act (injury by collective, deadly weapons, etc.).

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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