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(영문) 광주지방법원 2016.11.01 2015노3483

재물손괴

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the original judgment's punishment (two million won of a fine) is too unhued;

(A) The prosecutor stated his opinion that the defendant should be subject to a suspended sentence of two years in the period of imprisonment for six months. 2. Determination of the defendant is punished several times for violent crimes, but there is no record of criminal punishment of imprisonment or heavier.

In addition, the economic value of the damaged product is below the economic value by destroying three small World Cups, 7-8 plasts, scams, and scams (the injured party could not submit a written estimate in particular), and the risk inherent in the act of harming the scams by placing the scams on the scams and damaging the scams.

Considering the economic situation of the defendant, a fine of KRW 3 million is not less than that of the defendant.

In addition, comprehensively taking account of the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and all of the sentencing conditions in the instant case, such as the circumstances after the crime, it cannot be deemed that the punishment determined by the lower court is too unreasonable.

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.