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(영문) 광주지방법원 2017.02.08 2016노4712
재물손괴등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (six months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The Defendant did not agree with the victims or endeavor to recover the damage.

The Defendant was sentenced to four months of imprisonment due to the same kind of crime related to violence on December 29, 2015, and committed the instant crime during the repeated crime period after the execution of the sentence was completed on April 21, 2016.

On the other hand, the defendant led to the crime of this case.

The degree of damage caused by each of the instant crimes is relatively weak.

It seems that the defendant is old and healthy.

In addition, given that there are no special circumstances or changes in circumstances that may be newly considered in sentencing after the pronouncement of the lower judgment, the Defendant and the Prosecutor’s assertion are without merit, since the lower court’s punishment is too heavy or it is not deemed unfair because it is too heavy, in full view of various sentencing conditions as shown in the argument of the instant case, such as the background of the instant crime, the circumstances after the crime was committed, the Defendant’s age, sexual conduct, and the environment.

3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, 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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