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(영문) 서울동부지방법원 2019.03.28 2018노1293
재물손괴
Text

The prosecutor's appeal is dismissed.

Reasons

1. The reasoning of the appeal (e.g., a fine of three million won) by the lower court against the Defendant is too uneased and unreasonable.

2. Comprehensively taking account of the arguments and records of the instant case, the lower court’s sentencing appears to have been appropriately determined by fully considering the grounds for sentencing alleged by the prosecutor, including the background leading up to the commission of the offense, the form and degree of damage to the offense, the Defendant’s criminal records (no same criminal records within the last ten years), etc., and there are no special circumstances to the extent that the sentencing will be changed ex post facto, and thus, the Prosecutor’s assertion of unfair

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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