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(영문) 울산지방법원 2017.05.26 2017노410
재물손괴
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (four months of imprisonment) is too unreasonable.

2. There are favorable circumstances for the defendant, such as the fact that the defendant recognized the crime of this case and reflected, that the defendant agreed with the victim only smoothly, and that where imprisonment is sentenced due to this case, the defendant must be sentenced to imprisonment with prison labor until the previous suspended sentence.

However, there are three times of fine due to the crime of destroying property, and one time of fine due to the crime of damaging public goods, and there are many other criminal records. In particular, the defendant's assertion is not reasonable since the court's punishment is too unreasonable, considering the circumstances that are unfavorable to the defendant, such as the defendant's age, sexual behavior, environment, motive and circumstance of the crime, and circumstances after the crime, etc., even though the defendant was sentenced to two years of the suspended sentence on November 5, 2015 due to the obstruction of duties, assault, and obstruction of the execution of official duties, which were sentenced to two years of the suspended sentence, and the act of using the stolen goods during the suspended sentence is also good.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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