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(영문) 서울북부지방법원 2018.05.31 2018노491
특수재물손괴등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court against the Defendant (eight months of imprisonment) is too unreasonable.

B. The lower court’s sentence against the Defendant by the Prosecutor is too uncomfortable.

2. Judgment on the grounds for appeal

A. The lower court sentenced the Defendant to eight months of imprisonment with labor, which is lower than the scope of the recommended punishment according to the sentencing guidelines (one year to three years) taking into account the favorable circumstances in which the Defendant had no criminal history.

(b) One crime (damage) within the scope of the recommended punishment according to the sentencing guidelines [the scope of recommendation] [the scope of punishment] habitually, repeated crimes, special damage (Habitual, repeated crimes, special damage, etc.] in the basic area (eight to one to one year), / [the scope of recommendation] the punishment is not imposed (including serious efforts to recover damage), or where significant damage has been recovered, / the two crimes (Interference with the duties) motive to commit the crime [the scope of recommendation] within the basic area (six months to one year and six months) [the scope of punishment] within the basic area (including a serious effort to recover damage] / [the scope of recommendation] within the scope of punishment [1 to six months] within the basic area (including one year and six months of special mitigation] / [the standards for the final punishment area where the risk of damage has not been reduced by one to six months, such as forgery or alteration [the scope of recommendation] within the general scope of punishment [the scope of punishment [one-eight months]] within the scope of punishment [the general scope of mitigation or alteration, such as forgery [the scope of punishment [one to one-half month or alteration].]

C. As seen earlier, prior to the deliberation of the political party, the Defendant was the first offender, and the Defendant was aware of all the instant crimes at the latest, and agreed with the victim at the time of the trial, and the victim expressed his intention not to have the Defendant punished any longer, and the Defendant’s family members want to have the Defendant’s wife.

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