공용물건손상등
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal by the prosecutor (unfair form of punishment) is that the defendant was a majority of criminal records of the same kind and committed the instant crime during the period of repeated crime, and that the defendant committed the instant crime without permission in a situation that does not exist with the victims, and the crime was not committed, and thus, the sentence of the court below that sentenced a fine of five million won is too uneasible.
2. In light of the motive and background leading up to the instant crime, the circumstances before and after the instant crime, the Defendant’s age, character and conduct, and environment, etc., which are conditions for sentencing, including the fact that the Defendant reflects the instant crime, the victims are not subject to the punishment of the Defendant, and the physical damage caused by the instant crime is minor and the damage is recovered, as well as the restoration of the damage therefrom, the court below’s punishment cannot be deemed to be too unreasonable even if considering the circumstances alleged in the grounds for appeal in light of the circumstances asserted in the grounds for appeal. Thus, the aforementioned assertion is without merit.
3. According to the conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, and it is so decided as per Disposition.