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(영문) 창원지방법원 2017.10.11 2017노1224
재물손괴등
Text

The prosecutor's appeal is dismissed.

Reasons

1. Sentencing sentencing on the gist of reasons for appeal

2. The lower court determined the sentence by taking into account the following circumstances: (a) the Defendant recognized each of the instant crimes and against whom the Defendant committed each of the instant crimes; (b) the commission of each of the instant crimes is not good; (c) the Defendant was punished by a fine due to the public office’s revocation column and the obstruction of performance of official duties; (d) the Defendant committed the instant identical crimes during the suspended execution period due to the obstruction of performance of official duties and the crime of injury; and (e) the victims and the victims did not reach an agreement; and (c) the sentencing conditions, such as the Defendant’s age, sex, environment, motive and circumstance of the instant crimes; and (d) the sentence

The appellate court, compared to the first instance court, has no change in the conditions of sentencing, and the first instance sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect the first instance sentencing judgment.

The circumstances required by the prosecutor on the grounds of appeal are the sentencing conditions already considered in the original judgment, and the sentencing conditions set forth in the preceding trial have been significantly changed.

It is difficult to see it.

In full view of the above sentencing, it is difficult to view that the lower court’s punishment is unfair because it is too unffortunate.

Therefore, prosecutor's assertion is not accepted.

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

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