beta
(영문) 수원지방법원 2019.04.26 2019노12

재물손괴등

Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment (one million won of a fine) imposed by the lower court is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. The lower court sentenced the Defendant to a fine of KRW 5 million, taking into account the circumstances unfavorable to the Defendant and favorable to the Defendant.

No such circumstance is found as the lower court’s judgment exceeded the reasonable bounds of discretion when comprehensively taking into account the conditions for sentencing and the applicable sentences in the trial, or as it is deemed unfair to maintain the lower court’s judgment as it is.

In addition, considering the circumstances and results of each of the crimes in this case, the sentence of the court below is appropriate, and it is not recognized that the sentence is too heavy or unreasonable, even if it is considered that the circumstances after the crime, the age, character and conduct, environment, etc. of the defendant.

Therefore, both prosecutor and defendant's assertion are without merit.

3. The appeal by the prosecutor and the defendant is without merit and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.