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(영문) 광주지방법원 2015.10.14 2015노354

재물손괴등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (7 million won of a fine) is too unhued and unreasonable.

2. Determination: (a) the Defendant committed each of the instant crimes during the suspended execution period of one year and six months after having been sentenced to imprisonment with labor for damage to public goods in the Jeonju District Court’s Gunsan Branch on February 12, 2014; (b) the Defendant committed the instant crimes during the suspended execution period of one year and six months; and (c) the need to strictly punish the instant crimes in order to establish the state’s legal order and eradicate public peace; (d) on the other hand, the Defendant recognizes and reflects his mistake; (b) appears to have caused the instant crimes by drinking and contingently; (c) the fact that the Defendant and the victimized police officer agreed with the victim and the victimized police officer; (d) the most supported the family members; and (e) other various sentencing conditions indicated in the instant arguments, such as the background of the instant crime; (e) circumstances after the instant crime; the Defendant’s age; and (e) the Defendant’s character, character, and environment, 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 as it is without merit. It is so decided as per Disposition.