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(영문) 서울남부지방법원 2020.05.26 2019노108
특수재물손괴
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of the grounds for appeal (in the original case, a fine of three million won);

2. The lower court’s sentencing cannot be deemed unfair because it goes beyond the reasonable scope of discretion, in full view of the following: (a) although it was not agreed with the victim; (b) the Defendant did not have any criminal record of the same kind or suspension of execution or more; (c) the extent of damage; and (d) the motive and circumstances leading to the commission of the crime; (d) the method and means of the crime; and (e) the character, conduct and environment of the Defendant.

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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