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(영문) 대구지방법원 2017.07.19 2017노1088
공용물건손상등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The penalty of KRW 4 million imposed by the court below on the summary of the grounds for appeal is too unfased and unreasonable.

2. In light of all the sentencing conditions indicated in the records of this case, such as the Defendant’s age, sexual conduct, environment, family relationship, etc., the lower court’s punishment is too unfasible and unreasonable, and thus, the Prosecutor’s assertion is without merit, inasmuch as it is deemed unfair in light of the following factors: (a) the Defendant fully recognized the facts charged; (b) the Defendant agreed with the victim B solely on the part of the Defendant; (c) the Defendant fully repaid the damage caused by the damage to public goods; and (d) the Defendant

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (5) of the Criminal Procedure Act, since it is obvious that the prosecutor's appeal is groundless. It is so decided as per Disposition.

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