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(영문) 서울서부지방법원 2016.05.12 2016노299

재물손괴

Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (3 million won in penalty) is unreasonable because it is too unfilled.

2. In light of all the circumstances indicated in the record, such as the motive of the crime and the circumstances after the crime, etc., the court below’s sentencing is appropriate, and thus, the prosecutor’s unfair assertion of sentencing is without merit, inasmuch as it is determined that the sentencing of the defendant is appropriate, in full view of the following circumstances: (a) the defendant committed the crime of this case at another time within the period of repeated crime even though multiple violence criminal records had already been committed; (b) the defendant led to confession and reflect by the defendant; and (c) the defendant merely

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.