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(영문) 대구지방법원 2013.06.25 2013노32
재물손괴
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the fact that the summary of the grounds for appeal is inferior to the nature of the defendant's crime, and that there are many previous charges against the defendant, the punishment imposed by the court below (2 million won of fine) is too uneasible and unfair.

2. The fact that the applicable law of the instant crime is not good, and that the Defendant has been punished several times for the same kind of crime, etc., are disadvantageous to the Defendant.

However, the fact that the result of the instant crime is not significant, that the Defendant agreed with the victim, that the Defendant was against the victim and that the Defendant did not repeat the crime, etc. are favorable to the Defendant.

In this context, considering the various circumstances shown in the records and arguments such as the character, character, environment, etc. of the defendant, since the sentence imposed by the court below against the defendant cannot be deemed unfair, the prosecutor's above 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.

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