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(영문) 부산지방법원 2016.09.23 2016노2637
재물손괴등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

The summary of the grounds for appeal asserts that the defendant is unfair because he is too unafford by imprisonment with prison labor (one year, confiscation) of the court below, while the prosecutor asserts that the above punishment is too unafford and unfair.

Judgment

We also examine the defendant and prosecutor's argument.

The following are the circumstances: (a) the Defendant recognized each of the instant offenses; (b) the obstruction of duties and the agreement with the victim of larceny was made; (c) the victim of the crime of destroying property did not want to be punished by the Defendant; and (d) some of the damage from larceny appears to have been restored.

However, each of the crimes of this case is not good, and each of the above crimes is committed without being aware of it during the suspension period of the execution of duties, and the defendant has been punished several times as the same crime, and there is no change of circumstances that may be considered for sentencing after a sentence of the lower judgment was rendered, and in full view of the circumstances leading up to the crime of this case, the circumstances after the crime of this case, the defendant's age, sexual behavior, and environment, and other various sentencing conditions specified in the arguments of this case, such as the circumstance of the crime of this case, the circumstances after the crime of this case, the defendant's age, sexual behavior, environment, etc., it is not recognized that the lower court's punishment is too weak or unreasonable, therefore the defendant, the prosecutor's assertion is without merit.

In conclusion, since all appeals filed by the defendant and the prosecutor are without merit, they are all dismissed under Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition (Article 25 of the Rules on Criminal Procedure: Provided, That it is corrected that the "victim" of the judgment of the court below is dismissed by ex officio by Article 25 of the Rules on Criminal Procedure to the "J of the victim."

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