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(영문) 부산지방법원 2020.01.30 2019노2969
재물손괴
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentencing of the lower court (the fine of KRW 300,000) is deemed to be too unhued and unfair.

2. During a divorce lawsuit, the judgment of the Defendant: (a) found the victim’s store operated by the victim and damaged the property; and (b) did not receive the letter from the victim.

Meanwhile, in full view of the following facts: (a) the Defendant led to the confession of and reflect against the offense; (b) there is no other criminal records as well as the punishment of fines once due to drunk driving; and (c) the fact that in the course of divorce litigation, it appears that the Defendant has caused the crime of causing property damage and damage by contingency; and (d) comprehensively taking account of the Defendant’s age, character and conduct, environment, motive and background of the offense, means and consequence, and the circumstances after the offense, etc., the lower court’s sentencing cannot be deemed to have exceeded the reasonable scope of discretion

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 on the ground that it is without merit. It is so decided as per Disposition.

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