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(영문) 창원지방법원 2017.11.30 2017노2626
재물손괴등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (one year and two months of imprisonment, and two years of suspended execution) is too unhued and unreasonable.

2. In the case of this case, each of the crimes of destroying property, obstructing the two-times of business, and obstructing the performance of official duties was committed, and further, the Defendant committed the same crime in a manner similar to that of the first two-month period, even though he committed the crime on January 30, 2017.

In addition, even though one defendant has been punished six times due to violence-related crimes including interference with the execution of official duties (one time of suspension of execution and five times of fines), it is necessary to punish the defendant strictly because he has repeatedly committed the same kind of crime.

However, since 2007, the defendant has no record of being punished for violence-related crimes, the fact that there was an agreement with each victims of the crime that causes damage to property and obstructs business affairs, the fact that the defendant must support his wife and his children, the fact that the court below suspended the execution of imprisonment but added protection observation and long-term community service, and that it is reasonable to respect the sentencing of the court below where there is no change in the conditions of sentencing compared with the court below, and the sentencing of the court below does not go beyond the reasonable scope of discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015), and other various circumstances, including the defendant's age, environment, sex behavior, motive for the crime, and circumstances before and after the crime, are considered as unfair because the sentence of the court below is too unfeasible.

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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