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(영문) 울산지방법원 2013.10.25 2013노529

재물손괴등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (one year of imprisonment, three years of suspended execution, three years of probation) declared by the court below is deemed to be too uneasy and unfair.

2. The judgment of the Defendant committed the instant crime of assault and threat against the victim who was in an internal relationship and did not agree with the victim, despite the fact that the Defendant had been sentenced to six times of a fine due to the same kind of violent crime and had multiple criminal records, such as being sentenced to one suspended sentence, etc.

However, in full view of the following: (a) the Defendant was able to not access the victim and his/her family members in depth to commit the instant crime; (b) the Defendant’s suspended execution was sentenced for about 20 years; and (c) the remainder of the fines was relatively old; (d) monetary problem between the Defendant and the victim is a matter of civil resolution; and (e) all the sentencing conditions in the records and pleadings, including the Defendant’s age, character and conduct, environment, etc., the sentence imposed by the lower court is too uneasible and unreasonable.

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.