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(영문) 인천지방법원 2014.06.20 2014노890
폭력행위등처벌에관한법률위반(공동재물손괴등)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the penalty (two million won of a fine) declared by the court below against the defendant is too unhued.

2. Determination: (a) the Defendant committed the instant crime without being aware of the fact that the Defendant committed the instant crime without being aware of during the period of suspension of execution due to the crime of obstruction of performance of official duties; (b) the Defendant committed the instant crime without being aware of it; and (c) the Defendant has a bad aspect of the commission of the instant crime, such as leaving a police officer away from the process of the instant crime; and (d) recognized the instant crime and is in profoundly against the Defendant; and (c) again, there is a need to refrain from committing the instant crime; (d) the degree of damage to the victim due to the instant crime does not vary; (e) the Defendant did not require the Defendant to punish the Defendant; (e) the Defendant committed the instant crime under the influence of alcohol due to the drinking price problem; (e) there is no special circumstance or change in circumstances that may be newly considered in sentencing after the sentence of the lower judgment; and (e) the motive, means and consequence of the instant crime; and (e) the circumstances that constitute the conditions of the pleadings and the records after the instant crime.

Therefore, the prosecutor's assertion of unfair sentencing is without merit.

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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