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(영문) 인천지방법원 2020.09.17 2020노1950
특수재물손괴
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a two-month imprisonment) by the lower court on the grounds that the Defendant is deemed to be so unreasonable that the sentence of the lower court is too uneasible and unfair.

2. In light of the background, attitude, etc. of the instant crime, the fact that the Defendant is not good in terms of the nature of the instant crime, the Defendant has a number of identical and different criminal records, including the history of having been sentenced to imprisonment for an violent crime, and the fact that the damage has not been recovered, while the Defendant’s recognition of and reflects on the instant crime, etc. are favorable to the Defendant.

In full view of the circumstances above, comprehensively taking account of the circumstances that led to the Defendant to commit the crime, the Defendant’s age, health status, character and conduct, environment, and circumstances after committing the crime, the lower court’s punishment is too heavy or unreasonable.

Therefore, the defendant and prosecutor's argument are without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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