재물손괴등
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the sentence of the lower court (five million won of a fine) is too unhued and unreasonable.
2. Determination
A. According to the records, the court below sentenced the punishment in consideration of various sentencing reasons, such as the fact that the court below divided and reflected the errors, agreed with the victim of the damage to property, the victim does not want the punishment of the defendant, and the first offender who has no penal power.
B. Although there is no change in the conditions of sentencing compared with the original judgment as the new sentencing materials have not been submitted in the trial court, and considering the various reasons for sentencing revealed in the oral proceedings, the lower court’s sentencing is too unhued and so it does not seem to have exceeded the reasonable scope of discretion.
C. Therefore, the argument of unfair sentencing is without merit.
3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.