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(영문) 대구지방법원 2017.11.17 2017노4177
특수재물손괴
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the court below (six months of imprisonment) declared by the prosecutor is too unhued and unfair.

B. The sentence imposed by the lower court is too unreasonable.

2. We also examine the judgment prosecutor and the defendant's argument of unfair sentencing.

In light of the applicable law and the attitude of the act, the crime of this case is bad, and even in the past, the defendant was committed by assault or intimidation against the victim, but the actual punishment was not reached due to the victim's use. Nevertheless, the victim's separate injury case was not sent as a home protection case, and the defendant committed the crime of this case only 12 days, etc., which is disadvantageous circumstances, such as the defendant's recognition of and rebuttal against the crime of this case, and other favorable circumstances, such as the victim's age, sexual behavior, environment, motive and circumstance of the crime, and circumstances after the crime, etc., which are favorable circumstances, such as the defendant's age, sexual behavior, etc., and other conditions of all kinds of sentencing as shown in the records and arguments, it cannot be said that the sentence imposed by the court below is too poor or unreasonable. Thus, both the prosecutor and the defendant's assertion are without merit.

3. If so, the appeal by the prosecutor and the defendant is without merit. Thus, all of the appeals by the prosecutor and the defendant are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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