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(영문) 서울북부지방법원 2016.05.19 2015노2103

재물손괴등

Text

The prosecutor's appeal is dismissed.

The judgment below

Of the above, the sentence No. 16 of the Act shall be corrected to “the above imprisonment”.

Reasons

1. The summary of the grounds for appeal is unreasonable because the sentence imposed by the court below on the defendant (the imprisonment of eight months, the suspension of execution of two years, the fine of two million won, and the community service order of 120 hours) is too uneasible.

2. The crime of this case committed each of the crimes of this case in consideration of the following circumstances: (a) the defendant intrudes on another's residence on the new wall to inflict an injury on the victim; (b) damaged the victim; (c) damaged the property; (d) damaged the victim; and (e) damaged the victim; and (e) damaged the victim; and (e) the defendant did not recover from the damaged damage; (c) however, there are no records of punishment exceeding the fine; (d) the defendant committed each of the crimes of this case; and (e) the motive and circumstances leading up to each of the crimes of this case; (e) the means and methods of the crime; (e) the means and methods leading up to the crime; (f) the circumstances before and after the crime; (f) the defendant's age; (f) sexual conduct; (f) the environment; (f) occupation; and (f)

3. In conclusion, the prosecutor's appeal is dismissed pursuant to Article 364 (4) of the Criminal Procedure Act, and it is evident that there are some errors in the judgment below as seen in the disposition, and it is so decided as per Disposition by the court below to correct it ex officio pursuant to Article 25 (1) of the Rules on Criminal Procedure.