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(영문) 대구지방법원 2020.12.09 2020노688
재물손괴등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below rendered by the defendant (7 million won of a fine) is too unhued and unfair.

2. In a case where there is no change in the conditions of sentencing compared to the judgment of the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The fact that the Defendant committed the instant crime during the period of repeated crime is disadvantageous.

However, in full view of all the circumstances revealed in the records and arguments of this case including the fact that the defendant recognized the crime, the victim does not want the punishment of the defendant by mutual consent with the victim of the crime of destruction, and the crime of violation of the Emergency Medical Service Act does not exercise physical violence in the case of a crime of violation of the Emergency Medical Service Act, etc., the punishment sentenced by the court below against the defendant is not exceptionally.

3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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