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(영문) 광주지방법원 2018.06.21 2017노4177
재물손괴등
Text

Defendant

B The appeal filed by the Prosecutor and the appeal filed by the Prosecutor are all dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant B’s punishment (an amount of KRW 5 million) by the lower court is too unreasonable.

B. The lower court’s sentence (Defendant A: a fine of KRW 5 million) against the prosecutor’s Defendants is too unfased and unreasonable.

2. A favorable circumstance is that the Defendants recognized their mistakes and reflects them, agreed with the victims of the crime of damage to property and obstruction of business, and Defendant B did not have any past record of punishment exceeding the fine.

On the other hand, in the case of Defendant B, in light of the circumstances and contents of the crime from interference with duties to interfere with the execution of official duties, the nature of the crime is not somewhat weak, and even if the Defendants were punished several times as the same crime, they again committed each of the crimes of this case, and in particular, they were under suspension of execution of official duties in the case of Defendant A.

In addition, comprehensively taking account of the Defendants’ age, sexual conduct, environment, family relationship, and motive for committing the instant case and the various sentencing conditions as shown in the pleadings, the lower court’s punishment is too heavy or it is not deemed unfair because it is too low. As such, Defendant B and the Prosecutor’s assertion are without merit.

3. Conclusion, Defendant B’s appeal and the Prosecutor’s appeal against the Defendants are without merit, and all of the appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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