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(영문) 의정부지방법원 2019.05.24 2018노1715
재물손괴등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of KRW 7 million) of the lower court is too unfilled and unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to the judgment of the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect them. Although the sentence of the first instance falls within the reasonable scope of discretion, it is desirable to reverse the judgment of the first instance court solely on the ground that it is somewhat different from the opinion of the appellate court, and to refrain from imposing a sentence that does not differ

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In order to prevent the Defendant from committing the instant crime, the Defendant committed each of the instant crimes during the period of suspension of execution, even though he/she was sentenced to two years of suspension of execution on May 26, 2017 and the judgment became final and conclusive on May 26, 2017, the Defendant was punished for the same kind of crime.

However, considering the following facts: (a) the Defendant recognized the entire mistake of the Defendant; (b) paid damages to the victim of the crime of causing property damage in this case; (c) there is no special change in circumstances that could change the sentence of the lower court after the sentence of the lower judgment was rendered; and (d) other conditions of sentencing specified in the records, such as the Defendant’s age, character and conduct, environment, family relationship, and circumstances after the crime, the sentence of the lower court is too

Therefore, the prosecutor's above 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 ground that it is without merit. It is so decided as per Disposition.

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