공용물건손상
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the lower court’s punishment (4 million won in penalty) is too unhued and unreasonable.
2. The lower court sentenced a fine of KRW 4 million, taking into account the circumstances unfavorable to the Defendant and favorable to the Defendant.
In full view of the facts that are conditions for sentencing in this court, in particular, the sentencing of the court below exceeded the reasonable bounds of its discretion when comprehensively taking account of the following facts: although the defendant had a same criminal record, the case is relatively minor, the defendant repents the error immediately after the crime and bears the repair expenses.
There is no circumstance that it is deemed unfair to maintain the judgment of the court below as it is or that the judgment of the court below is unfair.
In addition, even if the circumstances and results of the instant crime, the Defendant’s age, sex, environment, etc. are considered after the instant crime, the sentence of the lower court is deemed to be adequate and too unjustifiable and unreasonable.
3. The appeal by the prosecutor of the conclusion is without merit, and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.