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(영문) 대전지방법원 2014.09.25 2014노969
재물손괴등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the imprisonment of six months, the suspension of the execution of two years, the probation, and the community service of 120 hours) declared by the court below is too uneasible and unreasonable.

2. The judgment of the court below is acknowledged that the defendant first fells to the victim D and committed the crime of this case; the defendant did not reach an agreement with the victims; the defendant was punished for the same kind of crime; however, the defendant confessions and reflects the defendant; the crime of this case appears to have occurred contingent; each of the crimes of this case is not more severe than the degree of violence; the amount of damage caused by damage is not less than 30,000 won; the defendant deposited 300,000 won to the victim E; and other factors of punishment prescribed in Article 51 of the Criminal Act, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime; the defendant deposited 30,000 won to the victim E; and the prosecutor's above assertion

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

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