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(영문) 서울서부지방법원 2017.05.18 2017노157
재물손괴
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (two million won in penalty) is too unhued and unreasonable.

2. In full view of the following circumstances: (a) the Defendant repeatedly committed the same type of crime during the period of suspension of execution; (b) the Defendant committed the instant crime in contingency under the influence of alcohol; (c) the Defendant recognized the instant crime and closely reflects the victim’s punishment; (d) the victims are relatively minor and have no record of punishment for eight years before and after the suspension of execution; and (e) there is no economic situation as a recipient of basic living benefits, etc., the lower court’s sentence that grants more opportunities to the Defendant is too uneasible and unreasonable.

Therefore, prosecutor's assertion is not accepted.

3. In conclusion, the prosecutor's appeal of this case is dismissed as it is without merit. It is so decided as per Disposition.

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