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(영문) 인천지방법원 2017.12.22 2017노3309
특수재물손괴
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (one year of suspended sentence for three months of imprisonment, 40 hours of violent treatment lectures, confiscation) is too uneasible and unfair.

2. In light of the method or risk of the instant crime, etc., it is deemed that the Defendant’s violent inclinations are frequently exposed and that the degree of such exposure seems not to be light. However, even though the circumstances of the instant crime are somewhat extenuating circumstances, the victim’s compensation for damages does not want the Defendant’s punishment, the Defendant’s age is still young, and there is no record of the crime exceeding the previous fine, and the Defendant’s age, sex, sex, environment, family relationship, health status, crime history, motive, means, and consequence, etc. are considered in light of all the sentencing conditions indicated in the instant argument, such as the Defendant’s age, sex, sex, environment, family relation, health status, crime history, motive, means and consequence, etc., it is not deemed that the sentence imposed by the lower

3. Accordingly, 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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