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(영문) 수원지방법원 2014.02.06 2013노4089
폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the substance of the grounds for appeal in this case’s sentencing conditions, the lower court’s punishment (two months of imprisonment, one year of suspended sentence, one year of probation and 40 hours of order to attend a course) is deemed too uneasy and unreasonable.

2. The crime of this case is deemed to have been destroyed by breaking the glass of the vehicle owned by the victim by gathering the brick, which is a dangerous object of the defendant, and the method of crime is not likely to be dangerous and the nature of the crime is not good. Although the defendant had been punished several times due to the same kind of crime, the defendant appears to have committed the crime of this case in a contingent manner under the influence of alcohol, the defendant is divided into a mistake, and is against the defendant, and the defendant was agreed with the victim during the investigation, there was no history of punishment heavier than a fine, and all of the sentencing conditions shown in the records and arguments of this case, it cannot be deemed that the sentence imposed by the court below is unfair.

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

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