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(영문) 인천지방법원 2014.06.13 2014노786

재물손괴

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (the postponement of sentence: a fine of KRW 300,000) is too uneased and unreasonable.

2. In full view of the following factors: (a) the Defendant led to the confession and reflect of the offense; (b) the primary offender who has no criminal records; (c) the extent of damage is relatively minor; and (d) the background of the offense is somewhat minor; and (c) other various sentencing conditions as shown in the records and arguments, such as the Defendant’s age, family environment, and circumstances before and after the offense, the lower court’s sentence against the Defendant is too uneasible and unreasonable.

3. If so, the prosecutor's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.