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(영문) 서울동부지방법원 2017.09.01 2017노179

재물손괴

Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the summary of the grounds for appeal (unfair sentencing) that the instant crime is not good, that there was a history of punishment for the same kind of crime, and that the Defendant committed a second offense during the suspension of execution, etc., the sentence of a fine of KRW 5 million imposed by the lower court against the Defendant is too uneasible.

2. In full view of the judgment, the sentencing materials indicated in the arguments and records of the instant case, and the fact that the Defendant agreed with the victim in the lower court that the victimized person does not want to be punished by the Defendant, and that the injured person shows an attitude against the depth, etc., the sentencing of the lower court does not seem to be unfair because it is too low, and no special circumstance exists to the extent that the above punishment should be changed.

In the end, the prosecutor's improper argument of sentencing is not accepted.

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