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(영문) 전주지방법원 2018.10.11 2018노951
재물손괴
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s punishment (4 million won) is too unreasonable.

B. The Prosecutor’s sentence is too uneased and unreasonable.

2. The circumstances alleged by the prosecutor as an unfavorable element in relation to the sentencing in the trial at the trial at the judgment party and the circumstances alleged by the defendant as an favorable element were revealed in the hearing at the court below, and there is no change of circumstances in relation to the matters subject to sentencing after the sentence of the court below.

The lower court has already determined a punishment by fully taking into account all the circumstances that include the circumstances asserted by the Defendant and the Prosecutor on the grounds of each appeal, and held that such punishment is too minor, or that it exceeded the reasonable scope of discretion on the determination of sentencing of the court due to its gross negligence.

shall not be deemed to exist.

Therefore, prosecutor and defendant's arguments are not accepted.

3. In conclusion, since each appeal by the defendant and the prosecutor is without merit, it is dismissed in entirety in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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