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(영문) 대구지방법원 2017.03.24 2016노5357
재물손괴등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (six months of imprisonment) is too unhued and unfair.

2. The judgment of the Defendant committed the instant crime without counter-performance despite being sentenced to imprisonment six times with prison labor, one time suspension of the execution of imprisonment with prison labor, one time of fine, and several criminal offenses due to the same crime. In particular, on July 31, 2014, the Daegu District Court sentenced on one year and six months to imprisonment with prison labor for the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) at the Seobu branch branch of the Daegu District Court on December 22, 2015, and released the Defendant from prison on December 22, 2015, and again committed the instant crime. The Defendant committed the instant crime without counter-performance. The Defendant was a majority of the records of theft of property stored in the vehicle by the method similar to the instant crime, and the Defendant did not fully repay the damaged amount of damage. However, the Defendant is deemed to have committed the instant crime, even though it was deemed that the degree of damage caused by the destruction of the vehicle was insignificant and that the Defendant’s age, circumstances, and the motive and circumstances following the instant crime were excessive.

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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