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(영문) 서울서부지방법원 2016.11.17 2016노1264

재물손괴등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence of the court below (six months of imprisonment) is too unhued and unfair.

2. In light of the following circumstances, the Defendant committed each of the crimes of this case, including: (a) the Defendant, without any special reason, committed an act of unaffording the victim’s property or assaulting the police officer to perform legitimate official duties; and (b) the Defendant committed each of the crimes of this case during the period of repeated crime.

However, in full view of the following facts: (a) the Defendant led to the confession of a crime and reflects the mistake; (b) the damage to the crime of causing property damage is not relatively serious; and (c) the Defendant’s age, career, character and conduct, environment, the means and method of the instant crime; and (d) the circumstances after the commission of the crime, etc., the sentence of the lower court is deemed appropriate

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