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(영문) 대구지방법원 2018.10.31 2018노3151

재물손괴

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below rendered by the defendant is too unfasible and unfair.

2. The judgment of the court below has a lot of records of being punished for the same crime, and the defendant committed the crime of this case again within six months after the execution of the sentence was completed, as stated in the judgment of the court below, and it is disadvantageous to the defendant.

However, in full view of all the conditions of sentencing as shown in the records and arguments of this case, including the fact that the defendant recognized the crime of this case and reflected against the victim, the fact that the victim was repaid for damage and agreed smoothly with the victim, the extent of damage is minor, and the defendant's age, sex, sex, environment, family relationship, circumstances leading to the crime, means and consequence, etc., the sentence imposed by the court below is appropriate and the sentencing judgment by the court below exceeded the reasonable limit of discretion.

There are no circumstances such as evaluation or maintenance of it is deemed unfair.

Therefore, the prosecutor's above assertion is without merit, since the court below's punishment is too unfasible.

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.