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(영문) 서울서부지방법원 2017.04.20 2017노51
재물손괴
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence of the lower court (1.5 million won in penalty) against the Defendant on the summary of the grounds of appeal is deemed to be too unhued and unreasonable.

2. It is an unfavorable circumstance that the Defendant’s criminal punishment, such as obstruction of duties and crime of property damage, etc. caused by the same method of law, has been six times or more, and that the entrance door of the cafeteria was received from several wheel chairss, which had been on the ground that the Defendant had been placed at the cafeteria with the business interfered with the operation, and the quality of the crime of sub-net behavior was poor, and that the Defendant did not agree with the victim.

However, considering the fact that the defendant led to a crime and is against the defendant, the degree of damage caused by the damage caused by the repair cost to 50,000 won has not been much weighted, the recent years have not been subject to criminal punishment, and the fact that the person with disabilities lives with basic living benefits as a disabled person, and all other conditions of sentencing specified in the arguments, such as the defendant's age, sex, family environment, etc., the sentence of the court below cannot be deemed to be too uneasible and reversed.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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