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(영문) 대구지방법원 2014.05.09 2013노3936

재물손괴등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that of the lower court’s penalty of KRW 4 million (a fine of KRW 4 million) is unreasonable.

2. In full view of all the sentencing factors indicated in the pleadings of the instant case, including the following: (a) the Defendant’s damage to the victim’s vehicle without any interest on the ground that the Defendant was in a dispute with women’s ties; (b) the injury to the victim is not good; (c) the Defendant has the power to commit the same kind of crime; and (d) the Defendant has the power to be punished for the suspension of execution due to a violation of the Punishment of Violences, etc. Act (a collective deadly weapons, etc.) around 2009; (b) the Defendant’s mistake is recognized and against the Defendant; (c) the degree of damage is relatively heavy; (d) the degree of damage is not relatively heavy; and (e) the Defendant’s age, character and conduct, background of the instant crime, circumstances after the instant crime; and (e) all the sentencing factors indicated in the instant pleadings, such as the Defendant’s age, character, and environment

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.