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(영문) 대전지방법원 2019.05.08 2018노1877
재물손괴등
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

In fact, the Defendant: (a) was released from the string of the strings by stringing off the strings; (b) but the strings of the strings of the strings of the strings of the strings with the victim; and (c) there was no intention to damage TV due to the strings of the strings; and (d) even if there was no only several strings of the strings of the strings of the Defendant, the strings of the strings of the strings of the strings of the strings of the Defendant,

Nevertheless, since the court below pronounced guilty of the facts charged in this case, the court below erred by misunderstanding the facts and affecting the conclusion of the judgment.

The sentence of the lower court on unreasonable sentencing (fine 2 million won) is too unreasonable.

Judgment

In light of the following circumstances found by the evidence duly adopted and examined by the court below regarding the assertion of misunderstanding of facts, i.e., ① the Defendant used the door at the time when he was punished by the victim, ② the Defendant first confirmed the television prior to the leaving of the door and opened the door on TV, ③ the Defendant’s TV was damaged after the leaving of the door, and ③ the Defendant’s damage of the TV was caused by the damage of the set and not distributed a part of the screen normally. As such, this part of the Defendant’s assertion is without merit.

The lower court’s judgment on the assertion of unfair sentencing is not deemed unfair because the sentence of the lower court is too unreasonable even when considering the circumstances asserted as the grounds for appeal by the Defendant, given that the lower court’s punishment is determined within a reasonable scope by fully taking account of all the circumstances surrounding the sentencing of the Defendant, and there is no circumstance to newly consider in the trial.

Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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