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(영문) 인천지방법원 2017.09.15 2017노1873
재물손괴
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence (five million won in penalty) imposed by the court below on the defendant is too unhued and unfair.

2. The judgment of the defendant has damaged goods in front of the house of female-friendly Gu, and the family members of the female-friendly Gu, including the victim, appear to have caused considerable fear in addition to property damage, the defendant did not agree with the victim, the defendant has been subject to criminal punishment for violent crimes several times during the period of suspension of execution, and the defendant committed the crime of this case again during the period of suspension of execution due to the same kind of crime (crimes against women who participated in the school). Meanwhile, the defendant does not seem to have serious property damage, and the defendant does not proceed up to the direct exercise of violence. The defendant does not go against his/her mistake, recognizing his/her mistake, and taking into account all the kinds of sentencing conditions as shown in the arguments of this case, such as the defendant's age, sex, sex, environment, family relationship, health status, the details and motive of the crime, means and consequence, etc., and the circumstances after the crime, it is not recognized that the sentence imposed by the

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

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