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(영문) 수원지방법원 2014.05.22 2013노5616
재물손괴등
Text

The prosecutor's appeal is dismissed.

Reasons

The summary of the grounds for appeal (e.g., a fine of three million won) of the lower court's sentencing (e.g., a fine) is unreasonable because it is too uneasible.

However, each of the crimes of this case is that the defendant interfered with C's business by force, such as incidental to C's carbon shot in a restaurant operated by C, and at the same time damaged C's business by force. For this reason, while being investigated at the F's office, he was engaged in a f's f's f's bage and interfered with the execution of his duties by cutting down I's f's f's f's b's b's b's b's b's sats

However, considering the following circumstances: (a) the degree of damage or infringement of legal interests caused by each of the instant crimes is not limited; (b) the Defendant agreed with C, and expressed C that C does not want to punish the Defendant; (c) the Defendant was under the influence of alcohol at the time of each of the instant crimes; (d) the Defendant was under the influence of alcohol once in 2003; (c) there was no record of the crime except for a fine imposed on one occasion in violation of the Punishment of Violences, etc. Act; (d) the Defendant recognized and reflects mistake; and (e) the Defendant’s age, character and conduct, motive, means and consequence of the crime; and (e) all other circumstances constituting the conditions for the sentencing specified in the instant case, such as the circumstances after the commission of the

Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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