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(영문) 부산지방법원 2016.11.04 2016노3273

재물손괴

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the penalty (three million won of a fine) declared by the court below against the defendant is too unfilled.

2. Determination is an unfavorable circumstance, such as the fact that the Defendant left to the instant crime even though he had a majority of the previous departments and had been repeated crimes, and the degree of damage is heavy, and the agreement that the Defendant paid to the victim is merely one million won, and that it does not actually provide compensation and agreement.

However, it is necessary to respect the judgment of the court below because there is no change in the sentencing conditions compared with the court below because new sentencing data are not submitted at the court below. The defendant reflects the crime of this case, the defendant was unable to control the appraisal of alcohol by disregarding his wife, resulting in the crime of this case, and the mental disorder, such as shock disorder, bipolar disorder, alcohol-related symptoms, etc. was affected by the crime of this case. However, the defendant seems to have been under medical treatment, such as taking medicine at present and continuing to provide these treatment in the future. The defendant was agreed with the victim, and the victim was restored to the insurance company, and the victim was supported by the mother who is receiving the victim's disease, who is expected to exercise the right to indemnity against the defendant, support the mother who supported the defendant, and other various circumstances, such as the situation and result of the crime of this case, the circumstances after the crime, the defendant's personality and behavior, the environment, age, etc., are considered to be too unfair.

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