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(영문) 서울북부지방법원 2017.04.27 2016노2717
공용물건손상
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

The summary of the reasons for appeal is that the punishment (3 million won in penalty) imposed by the court below against the defendant is too unreasonable.

The above-mentioned sentence of the court below's order against the defendant is too unhued and unfair.

Under the judgment on the reasons for appeal, the defendant and the prosecutor's improper arguments are also examined.

In light of the circumstances that are favorable to the defendant, such as the fact that the defendant recognized the crime of this case and agreed with the office of Nowon-gu, and the fact that the defendant again committed the crime of this case during the period of repeated crime, etc. which are favorable to the defendant, and other circumstances that are conditions for sentencing as indicated in the records, such as the motive and background leading up to the crime of this case, the circumstances before and after the crime, the defendant's age, sexual behavior, environment, occupation, family relation, etc., the punishment imposed by the court below cannot be deemed unfair because it is too heavy or uneasible. Thus, each of the unfair arguments about sentencing of the defendant and the prosecutor are without merit.

Therefore, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since all of the appeals by the defendant and the prosecutor are without merit. It is so decided as per Disposition.

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