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(영문) 서울중앙지방법원 2015.06.26 2015노1232

공용물건손상등

Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. With respect to the sentencing of the first instance court (a fine of four million won) against the defendant in the summary of the grounds for appeal, the prosecutor appealed each appeal on the grounds that the defendant is too uncompared and unreasonable.

2. We examine both the judgment and the defendant's assertion of unreasonable sentencing.

In full view of the circumstances leading up to the instant case, the method and attitude of the Defendant, the degree of damage, the Defendant’s primary offender, the Defendant’s agreement with the victim C and the Defendant repented in depth, and other various circumstances that form the conditions for sentencing as shown in the records, such as the Defendant’s age, character and conduct, environment and family relationship, the sentencing of the first instance court against the Defendant is deemed appropriate, too weak or unreasonable, and thus, the grounds for unfair sentencing of the prosecutor and the Defendant are without merit.

3. As such, the appeal by the prosecutor and the defendant is without merit and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.