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(영문) 서울고등법원 2013.05.31 2013노1204
재물손괴등
Text

The prosecutor's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The punishment sentenced by the court below (three years of suspended execution in two years and six months of imprisonment) is too unhued and unfair.

However, the crime of this case is to eliminate the corridor of apartment used by many households, and to destroy the unmanned security system equipment at the entrance of the vehicle and the bank entrance installed in the apartment parking lot. In particular, the crime of fire prevention of this case is highly dangerous as a dangerous crime that may cause serious damage to the life and property of the people who have been living far long, and it seems that residents of apartment who had been diving during the new wall due to the crime of fire prevention could have suffered a lot of mental shock. The defendant did not agree with the victims and did not cause any damage recovery, but is disadvantageous to the defendant. However, if the defendant acknowledged all the crime of this case, there is no history of punishment heavier than punishment imposed by the defendant due to the crime of fire prevention or the crime of damage to property, and there is no reason to view that the defendant suffered from mental harm and alcohol of the defendant under the circumstances of the crime of this case, such as excessive damage to property, and there is no reason to view that the defendant suffered from mental harm and alcohol of the defendant under the circumstances of this case.

According to the conclusion, the appeal by the prosecutor is groundless and therefore Article 364 of the Criminal Procedure Act is not reasonable.

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