재물손괴등
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (unfair sentencing) is unreasonable as it is too unfasible that the sentence imposed by the court below on the defendant (two months of imprisonment and two years of suspended sentence) is too unfased.
2. On December 6, 2011, the Defendant has been punished several times for the same violent crime, including the previous convictions sentenced to imprisonment with labor for a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.).
The Defendant was unable to receive a letter from the victims until the time of the trial, and was not recovered from the damage.
On the other hand, in full view of the fact that the defendant led to the crime of each damage to property, the degree of damage caused by each damage to property is relatively minor, and all the conditions of sentencing as shown in the records and theories of change, such as the defendant's age, sex, environment, and circumstances after the crime, etc., the judgment of the court below exceeded the limits of discretion.
As there is no change in the conditions of sentencing that can be deemed unfair to maintain the judgment of the court below as it is, the sentence of the court below cannot be deemed unfair because it is too uneasible.
Therefore, we cannot accept the prosecutor's unfair argument of sentencing.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.