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(영문) 수원지방법원 2017.02.09 2016노4611

재물손괴등

Text

The prosecutor's appeal is dismissed.

Reasons

The summary of the grounds for appeal by the prosecutor (unfair sentencing) is as follows: (a) the crime of this case was committed by assaulting the victim's face and part of the victim's face on the ground that the defendant committed the crime of this case on the ground that he was committed by himself; (b) it is not good that the victim's face and part of the phone is damaged; (c) the damage was not recovered; and (d) the defendant was subject to juvenile protective disposition due to violent crimes, etc.; and (b) on March 4, 2014, there was a history of receiving a fine of KRW 2,00,000 as an assault by a common military court of the 2nd association of the Army on the ground that he was committed by the defendant on the ground that

Judgment

In full view of the facts alleged in the grounds of appeal, the lower court’s punishment is too unfeasible and unfair, even if the circumstances alleged in the grounds of appeal are considered, given the following factors, such as the Defendant’s age, sexual conduct, environment, motive and circumstance of the crime, and circumstances after the crime, etc., the degree of assaulting the victims and the degree of damage to the victim C’s portable phone, are relatively not more severe. Accordingly, the above assertion is without merit.

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