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(영문) 대전지방법원 2014.08.13 2014노251
재물손괴
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of 300,000 won) imposed by the court below on the defendant is too unreasonable.

2. In the instant crime, the Defendant, the owner of the Bara Building, committed letters with the pentle on the vehicle parked in the Bara parking lot, and the method of committing the crime or the degree of damage is minor, and the Defendant does not have any other criminal power, in addition to a minor fine, is favorable to the Defendant.

On the other hand, the fact that the defendant recklessly damaged another person's vehicle solely on the ground that it appears to be an external vehicle even though the resident was the vehicle, and that the defendant seems not to have any particular awareness of crime even after the crime of this case, and that the damage of the victim has not been recovered even after a considerable period has elapsed from the time of the crime of this case,

In full view of the above circumstances and the circumstances leading to the instant crime, including the circumstances and motive, the circumstances after the commission of the crime, the age of the defendant, character and conduct, family relationship, environment, occupation, etc., and the conditions for the sentencing as shown in the records and arguments, there is no change in circumstances to determine the sentence differently from the original court. In full view of the fact that the amount of the fine determined by the lower court is difficult to be deemed to be excessive in light of the Defendant’s economic power, the sentence of the lower court is too unreasonable. Therefore, the Defendant’

3. 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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