beta
(영문) 서울중앙지방법원 2015.07.03 2014노5003

재물손괴등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of six million won) of the first instance court is too unhued and unreasonable;

2. Determination is an unfavorable circumstance that the accused has been punished several times for the same crime, and repeatedly commits a crime during the period of probation for the same crime.

However, in full view of the fact that the defendant's mistake is divided and reflected, and the damage caused by each of the crimes of this case is not so significant, and all of the sentencing conditions in the records and arguments, including the defendant's age, character and conduct, the environment, the details and contents of the crime, the result, and the circumstances after the crime, the first instance punishment is too uneasible and unfair.

The prosecutor's assertion is without merit.

3. As such, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is reasonable.