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(영문) 수원지방법원 2020.05.29 2020노680
공용물건손상등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of five million won) of the lower court is deemed to be too unhued and unreasonable.

2. In full view of the grounds for sentencing indicated in the argument and records of the instant case, the lower court appears to have been reasonably determined by fully considering the various grounds for sentencing alleged by the prosecutor, and there is no special circumstance to ex post facto change the sentencing.

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

(However, the "Article 55 (1) 3" in Part 15 of the judgment of the court below in Part 4 is clearly erroneous, and thus, it shall be corrected ex officio in accordance with Article 25 (1) of the Rules on Criminal Procedure, since it is clear that it is a clerical error.

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