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(영문) 인천지방법원 2017.09.08 2017노1390
특수재물손괴
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (2.5 million won) against the Defendant is too unreasonable.

2. In full view of various circumstances, including the Defendant’s age, sex and environment, motive, means and consequence of the commission of the crime, and the circumstances after the commission of the lower judgment, the lower court’s punishment is too unreasonable, and thus, cannot be deemed unfair, considering the following: (a) the Defendant issued a summary order of KRW 3 million at the beginning; (b) the lower court rendered a fine of KRW 2,50,000,00 in consideration of the agreement with the victim at the lower court; and (c) there are no special circumstances or changes in circumstances that may be additionally considered in sentencing after the sentence of the lower judgment was rendered;

3. If so, the defendant's appeal is without merit. Thus, 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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