logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원 강릉지원 2019.02.14 2018노457
재물손괴등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for 10 months and 2 years of suspended execution, and 200 hours of community service order) of the lower court is deemed to be too uneasible and unfair.

2. The crime of this case is a bad crime that the defendant destroyed the house of the victims, intrudes upon the house of the victims, and subsequently assaults the victims with a knife and injure them.

The injury suffered by the victim H is not minor.

The defendant was unable to receive a letter from the victims.

However, the defendant only possessed a knife, but did not actually use it in violence.

The defendant's mistake is divided.

The defendant has no history of criminal punishment exceeding a fine.

The Defendant committed the instant crime during the conflict with the victims on the issue of management of the C's political network operated by D, which led to the failure of the victims to reach an agreement.

Since the court below suspended the execution of imprisonment with prison labor for the defendant, ordered a community service for 200 hours, it seems that the defendant could be given an opportunity to reflect and prevented the risk of recidivism.

In full view of such circumstances and the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, various sentencing conditions as shown in the instant pleadings, such as the circumstances after the crime was committed, the lower court’s sentence against the Defendant is too uneasible and unreasonable.

3. The prosecutor's appeal of conclusion 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.

arrow