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(영문) 서울중앙지방법원 2013.10.23 2013노3083

부동산강제집행효용침해등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds of appeal is unreasonable. 2. The defendant had a record of criminal punishment for a similar type of crime several times, and the nature of each of the crimes of this case is relatively poor. However, considering the fact that an elderly defendant is divided in depth into each of the crimes of this case, the degree of damage to the victim is relatively minor, the defendant's character and behavior, environment, motive and circumstance of the crime of this case, and other circumstances shown in the arguments of this case, including the circumstances after the crime of this case, it cannot be deemed that the fine of two million won, which the first instance court sentenced to the defendant, is too unreasonable. Thus, the prosecutor's above assertion disputing this point cannot be accepted.

3. Accordingly, we cannot accept the prosecutor’s appeal under Article 364(4) of the Criminal Procedure Act.