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(영문) 서울중앙지방법원 2014.02.13 2013노1864
재물손괴등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds of appeal (e.g., the act of violence committed against a police officer performing official duties, such as the instant crime, requires strict punishment as impeding the establishment of legal order and undermining the authority of the public authority. The rest of the crime also resulted in significant infringement of legal interests, and the defendant has the power to be punished for the same kind of crime. In light of the above, the sentence of imprisonment (a prison labor for August, a suspended sentence of two years, a probation) of the lower court is too uneasible.

2. Although the prosecutor’s decision on the grounds for appeal is not acceptable as the grounds for appeal, on the other hand, the defendant is currently being hospitalized in the hospital as it was caused to each of the crimes in this case in a state of mental disorder due to stimulative disorder, etc., and the defendant shows the appearance of recognizing and reflecting his/her fault; D does not want to be punished against the defendant; the defendant has no record of criminal punishment against the defendant; and other circumstances, such as the defendant’s age, character and behavior, environment, motive, means and consequence of the crime; and the circumstances after the crime, etc., which form the conditions for the argument and sentencing as shown in the records, the prosecutor’s argument is not reasonable, since it is not recognized that the defendant’s sentence imposed by the court below is too unreasonable.

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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