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(영문) 대구지방법원 2018.08.17 2018노315
특수재물손괴등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) that the court below rendered against the defendant is too unfasible and unfair.

2. The Defendant did not agree with the victims until now, and the Defendant committed the instant crime during the period of suspension of execution without being aware of the fact that the Defendant was sentenced to a suspended sentence of five years on the grounds of robbery on December 2, 2016, and was sentenced to a suspended sentence of five years on the 10th of the same month.

On the other hand, the fact that the defendant acknowledges the crime of this case and reflects his mistake, that the defendant has a child who has yet to be aged 20 and has to support, that the defendant's family members want to have a preference against the defendant, and that the defendant also is living as a sincere social member without re-offending, etc.

In full view of the above circumstances and all other factors of sentencing as indicated in the pleadings of this case, including the Defendant’s age, sex, environment, family relationship, motive for committing a crime, means and consequence of a crime, etc., the sentence imposed by the lower court is too uneasy and unreasonable.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the prosecutor's appeal is without merit. It is so decided as per Disposition.

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