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(영문) 수원지방법원 2014.10.02 2013노4788
재물손괴
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two months of imprisonment and two years of suspended execution) of the lower court is deemed to be too unhued and unfair.

2. The crime of this case is deemed to have been committed in full view of various circumstances, including the following facts: (a) the crime of this case was committed in the so-called “casting” type; (b) there is significant nature of the crime; (c) considerable number of victims were punished against the defendant; and (d) there is no agreement with the victims, etc. that the defendant wants to punish the victims; (c) the defendant led to confession and reflects the crime of this case; (d) the defendant voluntarily surrenders himself; (e) the defendant was deemed to have committed the crime of this case to be detained in the heart of his own life and body; (e) the degree of damage caused by the crime of this case is not significant; and (e) the defendant was punished once for the crime of this case; and (e) the defendant has no criminal record other than the punishment imposed once for the crime of this case.

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

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