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(영문) 부산지방법원 2014.07.10 2014노1315
재물손괴등
Text

The prosecutor's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The sentencing of the lower court (a fine of five million won) is too unhued and unfair.

Judgment

In light of the circumstances unfavorable to the Defendant, including the fact that the Defendant was punished 7 times for the same kind of crime, and did not reflect the fact that the Defendant committed the instant crime, and the fact that the Defendant did not reach an agreement with the victims up to the trial, etc., which are unfavorable to the Defendant, or that the Defendant has committed the instant crime by making a confession of all of the instant crimes, and that it appears that it would lead to contingent crimes under the influence of alcohol, such as equity in sentencing with the same and similar cases, the motive and circumstance leading up to the instant crime, circumstances after the instant crime, the Defendant’s age, character and conduct, and environment, and other various circumstances that are the conditions of sentencing specified in the instant records and arguments, the lower court’s sentencing cannot be deemed unfair.

In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is groundless. It is so decided as per Disposition.

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