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(영문) 부산지방법원 2014.08.22 2014노1965

폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)

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The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the defendant's imprisonment for six months sentenced by the court below is too unhued and unfair.

2. Determination of each of the instant crimes is acknowledged in the following circumstances: (a) the Defendant destroyed the entrance door 2 and the front glass of a passenger car by dangerous things; (b) the quality of the crime is not good; and (c) the case is not less severe; (d) the Defendant was subject to criminal punishment on several occasions due to theft, bodily injury, assault, damage to property, etc.; and (e) the Defendant committed each of the instant crimes without being subject to criminal punishment during the period of repeated offense; and (e) the Defendant did not reach an agreement with the victim F, which is more likely to cause considerable damage to the trial; and (e) there is no evidence to prove that the Defendant made efforts to recover damage

However, in full view of the following circumstances: (a) the Defendant recognized each of the instant offenses, and the victim C expressed his intention not to punish the Defendant during the investigation process; and (b) the Defendant gave partial recovery to the victim; and (c) the Defendant’s age, environment, occupation, family relationship, circumstances leading to each of the instant offenses; and (d) circumstances leading to the sentencing conditions indicated in the record, such as the circumstances before and after the commission of the instant offenses, the lower court’s punishment is deemed unreasonable.

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 as it is without merit. It is so decided as per Disposition.

However, pursuant to Article 25 of the Rules on Criminal Procedure, Article 3(1) and Article 2(1)1 of the Punishment of Violences, etc. Act and Article 366 of the Criminal Act, the term “1. Relevant provisions of the Punishment of Violences, etc. Act: Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act and Article 366 of the Criminal Act concerning criminal facts” shall be read as “Article 3(1) and Article 2(1)1 of the Punishment of Violences, etc. Act, Article 366 of the Criminal Act”.