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(영문) 울산지방법원 2021.01.29 2020노812

재물손괴등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence (five million won in penalty) imposed by the court below on the defendant is too unhued and unfair.

2. In light of the judgment, the defendant was under suspension of execution due to the same kind of crime, and even if he was punished for several times of violence, the defendant committed the crime of this case. However, there seems to be no doubt, and the fact that he did not receive a letter from the victims is disadvantageous to the defendant.

However, the circumstances are favorable to the defendant, such as the fact that the defendant shows a attitude that the defendant repents and reflects his mistake, that it leads to the crime of this case, and that the damage caused by the crime of damage to property is minor.

In addition, comprehensively taking account of the following factors, such as the Defendant’s age, sexual behavior, environment, and change of circumstances after the pronouncement of the lower judgment, the lower court’s punishment cannot be deemed as unreasonable because it is too unreasonable to impose the sentence.

Therefore, prosecutor's assertion is without merit.

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.