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(영문) 전주지방법원 2020.05.28 2020노347
재물손괴
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (five million won of a fine) is too unhued and unreasonable.

2. Determination is recognized that the Defendant was sentenced to one year to imprisonment with prison labor for the crime of injury, damage to property, etc. in the Military Branch of the Jeonju District Court on October 27, 2017, and committed the instant crime without being aware of the fact that the Defendant committed the instant crime during the period of repeated crime upon termination of the sentence on October 22, 2018, and the Defendant was arrested immediately after the instant crime was committed and transferred to the earth, and the circumstances after committing the instant crime are not good, such as her desire to take the police officer and getting off the police officer, even in the circumstances in which the Defendant was arrested and brought to the earth to the earth, and the Defendant was not subject to such punishment as above, and the Defendant was punished with a fine of seven million won by obstructing the exercise of rights by the Jeonju District Court on September 12, 2018, and on April 21, 2017, many of the punishment by force due to each crime of assault and damage to property, etc. in the Jeonju District Court.

However, in light of the content of the instant crime, the Defendant’s age, character and conduct, environment, and other sentencing conditions, it cannot be said that the lower court’s punishment is too unreasonable, considering the following factors: (a) the Defendant is divided into one’s criminal act; (b) the Defendant compensates for the goods damaged during the investigation process; and (c) the victim expressed his intention not to punish the Defendant; and (d) if the Defendant choose imprisonment with prison labor for the instant crime, it is inevitable to sentence the Defendant.

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. It is so decided as per Disposition.

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