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(영문) 대구지방법원 2017.12.20 2017노3924
재물손괴
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence (1.5 million won in penalty) imposed by the court below on the defendant is too unhued and unfair.

2. The instant crime was committed by the Defendant on the ground that the taxi driving by the victim does not turn on the string of the string of the string of the said taxi, and the nature of the crime is not good in light of the motive and circumstances of the crime.

Defendant has been punished by a fine twice for minor violent crimes in 2015.

However, in full view of the facts charged by the Defendant and the favorable circumstances, such as the fact that the amount of damage is not so large that the amount of damage is not so large that the Defendant has agreed with the victim, and other favorable conditions of sentencing as shown in the records and arguments in the instant case, including the Defendant’s age, sexual conduct, environment, family relationship, circumstances leading to the crime, means and consequence, etc., the sentence imposed by the lower court is appropriate, and the sentencing judgment by the lower court exceeded the reasonable bounds of its discretion.

There are no circumstances such as evaluation or maintenance of it is deemed unfair.

Therefore, the prosecutor's above assertion is without merit, since the court below's punishment is too unfasible.

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

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