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(영문) 창원지방법원 2018.02.07 2017노2545
재물손괴
Text

The prosecutor's appeal is dismissed.

Reasons

1. Sentencing sentencing on the gist of reasons for appeal

2. The judgment below, under the favorable circumstances, determined the sentence (3 million won) by comprehensively taking into account the following factors: (a) the Defendant’s mistake is against the Defendant; (b) the victim who has a relationship with the victim who has been in a relationship with the victim has failed to coordinate the appraisal under the influence of alcohol and has committed contingent crimes; (c) the victim has a minor aspect of damage; and (d) the victim does not want the punishment of the Defendant by agreement with the victim; (b) the Defendant has re-offending the record of punishment several times of the same kind of crime; and (c) the fact that the Defendant committed the instant crime during the period of the suspension of the execution of imprisonment with prison labor for the same kind of crime; and (d) other factors such as the Defendant’s age, sexual behavior, environment, circumstances after the crime,

The reason for the improper sentencing (the relationship of criminal record, the possibility of recidivism, and the need to eradicate violent crimes) alleged by the prosecutor appears to have been sufficiently considered in determining the sentence against the defendant, and otherwise, the above conditions of sentencing have changed.

There is no circumstance to see the above sentencing conditions, and considering the above sentencing conditions, the sentence of the court below is determined to be reasonable within the reasonable scope of discretion.

The prosecutor's assertion is without merit.

3. In conclusion, 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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