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(영문) 수원지방법원 2019.05.17 2019노750
재물손괴
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a fine of five million won) declared by the lower court is too unhued and unreasonable.

2. The lower court sentenced a fine of KRW 5 million, taking into account the circumstances unfavorable to the Defendant and favorable to the Defendant.

There is no circumstance that the sentencing of the lower court is deemed to have exceeded the reasonable bounds of discretion or that it is unfair to maintain the sentencing of the lower court as it is, in light of the following: (a) the conditions of sentencing in the trial; (b) the Defendant’s mistake is against the Defendant; and (c) the degree of damage is not relatively heavy; and (d) the sentencing of the lower court is deemed unreasonable.

In addition, considering the circumstances and results of the instant crime, the sentence of the lower court is appropriate, and it is not recognized that the sentence is unreasonable because it is too uneasible.

Therefore, prosecutor's assertion is without merit.

3. The prosecutor's appeal of conclusion is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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