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(영문) 서울서부지방법원 2017.06.15 2017노344
공용물건손상등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (3 million won in penalty) is too unhued and unreasonable.

2. Determination of the crime of this case is acknowledged that the crime of this case was committed by damage to public goods while the defendant was arrested as an offender during the period of repeated crime and waiting for the crime as an offender, and the crime of this case is not good.

However, in the case of the crime of assault, the degree of violence does not focus on the degree of damage, and in the case of the crime of damage to public goods, the degree of damage is relatively minor and the measures have been taken to recover damage, and in full view of the defendant's age, sex, environment, family relationship, the circumstances and result of the crime in this case, etc., the court below's punishment is too uneasible and unfair, and thus, 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 grounds that the appeal is without merit. It is so decided as per Disposition.

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