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(영문) 광주지방법원 2017.07.20 2016노4022
재물손괴
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds of appeal (one year of suspended execution, observation of protection, and 40 hours of lectures for alcohol treatment in the period of four months) is too unfased and unreasonable.

2. The fact that the accused has been punished several times due to violence-related crimes and damage to property is disadvantageous to the accused.

However, considering the fact that the degree of damage to the victim is minor, that the defendant agreed smoothly with the victim, that the defendant recognizes and reflects his fault, and that other circumstances shown in the argument of this case, such as the defendant's age, sexual conduct, environment, motive and consequence of the crime, circumstances after the crime, etc., the court below's punishment is too uneasible and unfair, and thus, the prosecutor's assertion is not acceptable.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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