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(영문) 서울서부지방법원 2014.11.20 2014노1151
공용물건손상
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (three million won of a fine) is unhued and unreasonable.

2. The judgment of the defendant has many records of punishment for crimes such as violence, and in particular, it is necessary to punish the defendant strictly in that he/she committed the crime of this case again within the period of suspension of execution of the same crime.

However, considering the fact that the Defendant, as soon as possible after the commission of the crime, immediately killed the victimized police officer and tried not to repeat the same mistake, the circumstances leading to the instant case may be considered, and the degree of damage is not significant, and all of the sentencing conditions indicated in the records and pleadings, such as the motive and background of the crime, the circumstances after the crime, the Defendant’s age, and the environment, etc., it cannot be said that the sentence of the lower court is too unreasonable.

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

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