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(영문) 서울북부지방법원 2016.12.01 2016노1842
재물손괴등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentencing of the lower court (two million won of a fine) is deemed to be too unhued and unfair.

2. Considering the fact that the defendant did not agree with the victim of the crime that interferes with the judgment of the grounds for appeal and did not recover from damage, and that the defendant has been punished several times for violence-related crimes, strict punishment against the defendant is necessary.

However, in full view of the fact that the defendant was aware of each of the crimes in this case and divided, the fact that the defendant agreed with the victim of the crime in this case, and all of the sentencing situations shown in the records and arguments, such as the defendant's age, character and conduct, environment, motive and circumstance of the crime, means and consequence, the circumstances after the crime, etc., it is not recognized that the sentencing of the court below is too unjustifiable.

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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