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(영문) 서울동부지방법원 2014.08.29 2014노622

폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)

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The prosecutor's appeal is dismissed.

An application for compensation by an applicant for compensation shall be dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable, because the sentence imposed by the court below on the defendant (two years of suspended sentence in six months of imprisonment) is too unhued.

2. The crime of this case is a dangerous object on the ground that the defendant does not contact with D, which is the wife of the victim, and the quality of the crime is inferior due to the damage of the passenger car owned by the victim. Since the statutory punishment for the violation of the Punishment of Violences, etc. Act is more than one year, even if the court reduces the amount of punishment, it is more than six months of imprisonment with prison labor, and the defendant has not been able to receive a letter from the victim, there are some unfavorable circumstances against the defendant, such as the fact that the defendant's mistake is against the defendant, there is no history of punishment more than the suspended sentence until now, and the degree of damage caused by the crime of this case is not excessive. The defendant supported the mother, and the degree of damage caused by the crime of this case does not focus on the degree of damage caused by the crime of this case; the defendant deposited 2 million won against the victim under the pretext of damage recovery; the motive, means and result of each crime of this case; the defendant's circumstances after the crime, the defendant's age, character and environment, etc.

3. In conclusion, the prosecutor’s appeal is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition. The application for compensation order in this case is not reasonable to issue an order for compensation since the scope of liability for compensation against the applicant for compensation is not clear. Thus, the application for compensation order in this case is dismissed in accordance with Articles 25(3) and 32(1) of the Act on Special Cases Concerning Promotion, etc.