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(영문) 대구지방법원 2017.07.20 2016노4833

재물손괴

Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence (two million won in penalty) that the court below rendered by the court below on the gist of the grounds of appeal is too unhued and unreasonable.

2. The lower court sentenced the above punishment by taking into account the circumstances favorable to the fact that the crime was committed during the period of repeated crime, and considering the agreed with the victim, and the fact that the case itself cannot be deemed as serious.

In full view of all the conditions of sentencing, including the Defendant’s age, sex, environment, background leading up to the Defendant’s crime, means and consequence, scale of the crime, and circumstances after the crime, other than the circumstances in consideration as above, the sentence imposed by the lower court is deemed appropriate, and the lower court’s sentencing judgment exceeded the reasonable bounds of discretion.

There is no circumstance that the assessment or maintenance thereof is deemed unfair (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Therefore, as asserted by a prosecutor, the lower court’s sentencing cannot be deemed unfair as it is so far as it ought to be reversed.

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.