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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal that the court below rendered by the defendant is unreasonable because the punishment (300,000 won in penalty) declared by the court below is too unhued.
2. In the process of disputing the victim C, the Defendant, who was a wife, destroyed C’s mobile phone, and took a bath for police officers performing official duties.
The defendant seems to have not opposed to these acts.
However, there is no criminal history for the defendant.
C has agreed with the defendant and does not want to punish him.
During the instant crime, the Defendant’s injury and damage of property was caused by the fact that the tape recorder was installed in the vehicle due to the suspicion of C’s external appearance. In fact, the judgment ordering C and C to pay consolation money to the Defendant on the ground that C around November 2015, which became final and conclusive on February 28, 2018 (Seoul District Court Decision 2016Radan 1131). In addition, at the time of the instant crime, C was also subject to a suspended sentence of a fine of KRW 700,000 on March 29, 2017 due to assaulting the Defendant and destroying the Defendant’s cell phone and destroying the Defendant’s cell phone, and the said judgment became final and conclusive around that time (Seoul District Court Decision 2016DaMa9222, Daegu District Court Branch 2016). Meanwhile, the Defendant appears to have been against the Defendant’s children and police officers in accordance with the access prohibition order.
In addition, considering the degree of insult, the defendant raises two children after divorce with the victim, the defendant's age, sexual conduct, environment, circumstances leading to the crime, means and consequence, etc., and all the sentencing conditions as shown in the records and arguments of this case, such as the circumstances after the crime, etc., the sentence imposed by the court below is appropriate and the sentencing judgment by the court below exceeded the reasonable limit of discretion.
There are no circumstances such as evaluation or maintenance of it is deemed unfair.
Therefore, the sentence of the court below is too unfilled and unfair.