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(영문) 서울남부지방법원 2018.10.26 2017노2394

특수재물손괴

Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence (one million won in penalty) declared by the court below on the gist of the grounds of appeal is deemed to be too unhutiled and unfair.

2. In full view of the circumstances that the court below rendered on the grounds of sentencing (the defendant reflects the crime, the fact that the defendant has no record of punishment for the same kind of crime, and the defendant has compensated for the damage) and all of the sentencing conditions in the records and arguments of this case, the sentence imposed by the court below is judged appropriate, and it seems unfair because it too is too unfeasible. Thus, the prosecutor's assertion is without merit.

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.