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(영문) 수원지방법원 2019.03.06 2018노7209

재물손괴

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is highly likely to repeat the crime of this case, even though the defendant had been punished several times for the same kind of crime, and again committed the crime of this case, in light of the law and attitude of the crime.

In addition, victims E did not recover from damage.

In light of these points, the sentence imposed by the court below (4 months of imprisonment) is too uneased and unfair.

2. Even when considering the above circumstances alleged by the prosecutor in the judgment, considering the following circumstances, the defendant is led to confession and reflect, the defendant has made an endeavor to agree with the victims, and the defendant has agreed with the victim C, the defendant is in a position to support his family, and other circumstances, such as character, conduct and environment of the defendant, the background and result of the crime in this case, and the circumstances after the crime, etc., which are conditions for sentencing as shown in the records and arguments, it cannot be deemed unfair since the court below's sentence imposed by the prosecutor is unjustifiable.

3. In conclusion, the prosecutor's appeal is dismissed as it is without merit. It is so decided as per Disposition.