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(영문) 수원지방법원 2018.04.02 2017노7720
재물손괴
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (five million won per 5 million won) is too heavy or (the Defendant) frighted so far.

2. In addition to the circumstances unfavorable to the Defendant, such as the fact that the Defendant showed the attitude of recognizing and opposing the Defendant’s mistake, the fact that the Defendant agreed with the victim, and the fact that there have been many records of punishment for the same kind of crime and a foreign crime favorable to the Defendant, etc., the lower court’s punishment is not deemed to be deemed to be reasonable and to be unreasonable because of the fact that there is no change in circumstances that the Defendant’s age, sexual conduct, environment, motive and background of the crime, means and consequence of the crime, and the circumstances after the crime, etc., were considered in light of various sentencing conditions indicated in the record and the changed theory.

Defendant

The prosecutor's improper argument of sentencing is without merit.

3. The appeal by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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