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(영문) 서울중앙지방법원 2019.02.19 2018노3980

재물손괴등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment) by the lower court (e., six months of imprisonment) is deemed to be too unhued and unfair.

2. Despite the fact that the Defendant had been punished 11 times due to the crime related to violence, the nature of the crime is very good, such as exercising violence against the victims and obstructing the police officers from performing their official duties without any justifiable reason.

However, on the other hand, it is difficult to see that the degree of violence used by the defendant is important.

Counseling treatment and drug treatment are being provided due to mental diseases.

In addition, comprehensively taking account of the following circumstances, including the Defendant’s age, character and conduct, environment, motive and background of the offense, means and method of the offense, and circumstances after the offense, etc., it is not recognized that the sentence imposed by the lower court is too unjustifiable and unreasonable.

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