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(영문) 부산지방법원 2015.03.13 2014노3517
재물손괴등
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. The gist of the grounds for appeal asserts that the Defendant is too unreasonable against the punishment (five million won of a fine) of the lower judgment. The prosecutor asserts that the Defendant is too unjustifiable in light of the fact that the Defendant committed the instant crime during the period of repeated crimes even though he was sentenced to imprisonment with prison labor due to a criminal act under several methods similar to the instant crime, and that there are many identical criminal records and high risk of recidivism.

2. In light of the above circumstances, the court below determined the punishment by comprehensively taking into account the circumstances, means and results of the crime of this case, the number of times of the crime, the defendant's age, character and conduct, environment, criminal records, circumstances after the completion of imprisonment with prison labor for the first time, etc., on the grounds that the defendant committed the crime of this case for the reason of sentencing unfavorable to the defendant, many criminal records of the same kind, and committed the crime of this case during the period of repeated crimes, the extent of damage caused by the crime of this case is not relatively heavy, and the defendant lives in addition to the crime of this case after the completion of imprisonment with prison labor for the first time. In full view of all other matters concerning the sentencing specified in the records and arguments of this case, the above

3. According to the conclusion, since all appeals filed by the defendant and the prosecutor are without merit, they are all dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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