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(영문) 대전지방법원 2015.06.10 2015노12
재물손괴
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of two million won) imposed by the lower court on the Defendant is too unfased and unreasonable.

2. The fact that the accused committed the instant crime even though he/she had been punished more than four times due to violent crimes, and that the injury was not recovered and the victim wanted to punish the Defendant is disadvantageous to the Defendant.

However, the fact that the defendant led to the crime of this case and that the amount of damage (100,000 won) is not significant is favorable to the defendant.

In full view of the above circumstances and other circumstances that led to the instant crime, including the circumstances and motive, the circumstances after the instant crime, the Defendant’s age, character and conduct, family relationship, environment, occupation, etc., and the conditions of sentencing as shown in the arguments and records, there is no change in circumstances to determine different sentences from the lower court. As such, the lower court’s sentence is too uneasible and unreasonable, the Prosecutor’s allegation of unfair sentencing is rejected.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

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