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(영문) 춘천지방법원 강릉지원 2015.08.20 2015노278
재물손괴등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of the grounds for appeal (e.g., both types);

A. The sentence of the lower court (a fine of five million won) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The conclusion that the Defendant recognized all of the instant crimes, agreed with the victim of the damage to property, and suffered from brain diseases is favorable circumstances.

On the other hand, there are many previous and the fact that each of the crimes of this case was committed during the period of repeated crime due to the same crime, etc. is disadvantageous.

In full view of such circumstances as the Defendant’s age, character and conduct, environment, motive, means, and consequence of the instant crime, etc., the lower court’s punishment cannot be deemed as excessively heavy or unreasonable as it is difficult to exempt the Defendant from reversal, taking account of various sentencing conditions as seen in the instant case, including the circumstances before and after the instant crime.

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 in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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