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(영문) 전주지방법원 2015.09.11 2015노400
재물손괴등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a fine of five million won) pronounced by the lower court is deemed unhued and unreasonable.

2. The crime of this case was committed by the defendant after entering the victim's house, the mother of the defendant's male-friendly Gu, and was damaged by telephone, and the outline of the victim's eviction.

Considering the fact that the Gu does not comply with the Gu and the nature of the crime was serious, that the defendant has been subject to criminal punishment at least ten times due to violent crimes, and that the defendant committed the instant crime during the suspension of execution due to a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.), it is necessary to strictly punish the defendant.

However, considering all the sentencing conditions shown in the arguments of this case, such as the defendant's confession and mistake, the victim does not want the punishment of the defendant, and the age, character and conduct of the defendant and family environment, it is not recognized that the sentence imposed by the court below is unreasonable.

Therefore, prosecutor's assertion is not accepted.

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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