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(영문) 서울중앙지방법원 2019.06.27 2018노2313
재물손괴등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of five million won) of the lower court is too uneased and unreasonable.

2. The Defendant committed the instant crime during the period of repeated crime due to the crime of interference with business, etc., and the Defendant, who had been punished several times during the period of repeated crime, such as interference with business, violence, destruction of property, injury, etc., up to now, (three times in actual punishment, one suspended sentence, 18 times in total, 22 times in total) is deemed to have a strong violent tendency against the Defendant.

However, there are circumstances that can be considered in the course of committing the crime in relation to the damage of property and damage to property through future mental treatment, the victim's prior wife is constantly seeking the defendant from the investigation stage, and the damage amount caused by damage to public goods is minor is favorable to the defendant.

In full view of the above circumstances and the Defendant’s age, character and conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, and the circumstances after the crime, the sentence imposed by the lower court against the Defendant cannot be deemed to be too unjustifiable and unreasonable.

3. The appeal by the prosecutor of the conclusion is dismissed on the ground of appeal.

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