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(영문) 서울동부지방법원 2019.10.24 2018노1483
재물손괴
Text

The prosecutor's appeal is dismissed.

Reasons

1. The reasoning of the appeal (e.g., a fine of three million won) by the lower court against the Defendant is too uneased and unreasonable.

2. Comprehensively taking account of the arguments and records of the instant case, the lower court’s sentencing appears to have been appropriately determined by fully considering all the circumstances, including the grounds for various sentencing asserted by the prosecutor, including the type of the instant crime, degree of damage, the criminal records of the Defendant, and the circumstances in which the Defendant used from the victim, etc., and there are no special circumstances to the extent that the sentencing is changed ex post facto, and thus, the Prosecutor’s

3. In conclusion, the prosecutor's appeal 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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