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(영문) 대구지방법원 2019.03.21 2018노4659
특수재물손괴
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of five million won) imposed by the lower court is too unhued and unreasonable.

2. The crime of this case in which the defendant threatened the victim by using a motor vehicle, and damages the victim's car in the process, and the nature of the crime is bad.

Moreover, the defendant has been punished for threatening others by using a car similar to this case.

However, the defendant recognizes his mistake and is against his will.

The defendant agreed with the victim smoothly, and the victim submitted a written application to the court of first instance for the defendant's wife to the court of first instance.

There shall be no other criminal records except for the defendant who has been sentenced to a fine once.

In addition, comprehensively taking account of the following circumstances, such as the Defendant’s age, character and conduct, environment, motive and background of the crime, means and method of the crime, and the circumstances after the crime was committed, there is no special circumstance or circumstance newly considered in the sentencing after the sentence of the lower judgment, the sentence that the lower court rendered is too unreasonable and unreasonable.

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

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