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(영문) 창원지방법원 2017.02.02 2016노2449
재물손괴
Text

The prosecutor's appeal is dismissed.

Reasons

1. The judgment of the court below on the gist of the grounds of appeal is unreasonable because the punishment (3 million won in penalty) of the court below is too unfilled.

2. Determination is based on the following: (a) the Defendant has been guilty of violent crimes; and (b) the Defendant has committed a repeated crime during the period of a repeated crime due to violent crimes; (c) the confession of the crime and reflects it; (d) the victim has agreed with the victim; and (e) the amount of damage is relatively small.

The Prosecutor’s assertion is without merit, given that the judgment of the court below is reasonable, in light of the above sentencing factors comprehensively considering the Defendant’s age, family relation, economic situation, background and motive leading to the commission of the crime, and all other matters pertaining to the sentencing as indicated in the records and arguments of this case.

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

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