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(영문) 대구지방법원 2017.08.23 2017노1728

재물손괴

Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence of a fine of KRW 3 million imposed by the court below is too uneased and unreasonable.

2. The judgment of the court below is deemed to have committed the instant crime during the period of probation, and there are many criminal records of punishment against the Defendant for violent crimes. However, it seems that the Defendant recognized the facts charged and reflects his mistake, and the Defendant seems not to have committed damage from the instant crime, the Defendant did not have any criminal record, and the Defendant did not have any criminal record, and considering all the sentencing conditions of the instant case records and arguments, including the Defendant’s age, sex, criminal conduct, environment, family relationship, and circumstances after the instant crime, the court below’s punishment is too uneasible and unfair. Thus, the prosecutor’s assertion is without merit.

3. In conclusion, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition.