beta
(영문) 수원지방법원 2019.10.24 2019노3045

특수재물손괴등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable as the penalty of the lower judgment (4 million won of a fine) is too unfied.

2. The crime of this case is deemed to have been committed under the influence of alcohol by the Defendant, along with the knife of the house in which the victim C resides with the fire extinguishing machine, and thus causing the injury to the victim C and the victim D respectively, and the degree of the injury suffered by the victim D is not easy, but the court below is also deemed to have determined the punishment in consideration of all the above sentencing reasons.

In light of these circumstances, the defendant led to confession of and reflects in depth on the crime, the defendant agreed with the victim C at the investigation stage, and the victim did not want to be punished by the defendant, and there is no record of punishment except a fine due to the violation of the Military Service Act, and the defendant's age, career, character and behavior, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., the punishment of the court below cannot be deemed to be unfair because the sentence of the court below is too uneasible.

Therefore, the prosecutor's above assertion is not accepted.

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.