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(영문) 창원지방법원 2016.12.01 2016노1705
재물손괴
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the penalty of the lower judgment (two million won of a fine) is too unhued.

2. We examine the judgment, and the fact that there are several previous convictions against the Defendant, including six times before and after violence, is an unfavorable reason for sentencing. The fact that the Defendant led to the confession of the offense, and that the Defendant agreed with the victim is an favorable reason for sentencing.

In full view of the above sentencing factors, in light of 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 indicated in the records and arguments in this case, the Prosecutor’s assertion is without merit.

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

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