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(영문) 의정부지방법원 2013.10.31 2013노1695
재물손괴
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment of the lower judgment (a fine of three million won) is too unreasonable.

B. The form of the lower judgment by the prosecutor is too uneasible and unreasonable.

2. In full view of the fact that the Defendant had been punished several times, such as the fact that the Defendant was sentenced to imprisonment with prison labor for larceny, the fact that the Defendant again committed the instant crime within the repeated crime period after the Defendant was released from prison with prison labor for larceny, the fact that there was no record of punishment for the same type of crime, the Defendant agreed with the victim that the Defendant did not want the punishment of the Defendant, the Defendant’s mistake is against the Defendant, and other various sentencing factors indicated in the instant case, such as the Defendant’s age, character and conduct, occupation and environment, circumstances and consequence of the crime, etc., the sentence of the lower judgment is too heavy or unreasonable.

3. In conclusion, the appeal filed by the defendant and the prosecutor 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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