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(영문) 대구지방법원 2016.05.04 2015노3330
재물손괴등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (3 million won) is too unreasonable.

B. The above sentence declared by the prosecutor by the court below is too unhued and unreasonable.

2. Regarding each of the unlawful arguments of sentencing by the defendant and prosecutor, the degree of damage to each of the crimes of this case is recognized as not severe, but the defendant has been punished for the same kind of crime several times, and there is a record of fine, suspension of execution, and punishment as well as a record of punishment for the crime of this case during the repeated crime period, and there is no change of circumstances that may otherwise determine the defendant's age, sexual behavior, environment, motive, means and consequence of the crime of this case, and the circumstances after the crime, etc., and considering all of the sentencing conditions of this case as shown in the arguments of this case such as the defendant's age, sexual behavior, environment, motive, means and consequence of the crime of this case, it does not seem that the sentence imposed by the court below is appropriate, and it is too heavy or too excessive.

Therefore, each of the above arguments by the defendant and the prosecutor is without merit.

3. In conclusion, 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 appeal by the defendant and the prosecutor are without merit. It is so decided as per Disposition.

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