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(영문) 창원지방법원 2014.12.24 2014노2030
재물손괴등
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence (7 million won of fine) imposed on the Defendant by the lower court is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. The instant crime is a circumstance favorable to the Defendant, such as: (a) the Defendant: (b) opened a door to assist a mast-car owned by the victim, which is parked on the front side of the sub-fast-fast-fast-fast-fast-fast-fast-fast-fast-fast-fast-fast-fast-fast-fast-fast-fast-fast-fast-fast-fast-fast-fast-fast-fast-fast-fast-fast-gu;

However, on June 20, 2012, the Defendant was sentenced to imprisonment with labor for a violation of the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.) at the Changwon District Court Support on the grounds that he/she committed the instant crime on December 5, 2012 and did not agree with the victim despite the completion of the enforcement of the sentence on December 5, 2012.

In light of the above circumstances, comprehensively taking account of the Defendant’s age, character and conduct, environment, background, means and consequence of the commission of the crime, and various circumstances, including the circumstances after the commission of the crime, etc., the sentence imposed by the lower court cannot be deemed to be too minor or unreasonable.

3. In conclusion, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeal by the defendant and the prosecutor are without merit. It is so decided

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