재물손괴
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (a fine of two million won) declared by the lower court is too unhued and unreasonable.
2. The following determination is an unfavorable circumstance to the Defendant.
In light of the risk of the instant crime, the nature of the crime is inferior.
Many of the defendants have been punished for violent crimes.
On the other hand, the following conditions are favorable.
Defendant’s confession to commit the instant crime and reflects his wrongness.
The defendant made some efforts to recover damage by paying 500,000 won to the victim.
In light of the aforementioned circumstances, the lower court sentenced the Defendant to a fine of KRW 2 million.
There is no circumstance that the lower court’s determination of sentencing exceeded the reasonable bounds of its discretion when comprehensively considering the conditions of sentencing and the applicable sentences in the trial, or that it is deemed unfair to maintain the lower court’s determination of sentencing.
In addition, considering the circumstances and results of the instant crime, the sentence of the lower court is appropriate, and it is not recognized that the said sentence is unreasonable because it is too uneasible.
Therefore, prosecutor's assertion is without merit.
3. The prosecutor's appeal of conclusion is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.