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The prosecutor's appeal is dismissed.
Reasons
1. The sentence (4 million won in penalty) that the court below rendered by the court below on the gist of the grounds of appeal is deemed to be too unhutiled and unfair.
2. Although the Defendant committed violent crimes, and had been punished several times (one time of actual punishment, 15 times of fines), the Defendant, while working in the state of the city, shouldered the glass windows equivalent to KRW 150,00,00 at the market price, which is the co-ownership of the Bara residents on the ground of the noise from the upper floor of his own residential floor, on the ground that he was dissatisfied with the noise between his own residential floor and the upper floor, and was able to commit an attempted crime without a department.
In light of the circumstances of the instant crime, the details and methods of the instant crime, etc., the nature and circumstances of the instant crime are considerably poor and hot.
However, the Defendant recognized all the crimes of this case, against his mistake, and restored the shoulder glass, which is the joint ownership of the residents of the Bara.
Victim C does not want to punish a defendant in the prosecutor's office.
was stated.
The crime of this case seems to have been committed under the influence of alcohol while the defendant had a good appraisal against the victim C due to noise between several months before the defendant was under the influence of alcohol.
In full view of the above circumstances, comprehensively considering the Defendant’s age, sex, career, environment, family relationship, motive and background of the instant crime, means and methods, results, etc., and all the sentencing conditions as shown in the arguments and arguments, it seems more reasonable to give the Defendant the opportunity to resume the Defendant’s imprisonment as a member of society only once, rather than immediately isolation from society. Thus, it cannot be said that the lower court’s sentence is too uneasible and unfair.
Therefore, prosecutor's assertion is not accepted.
3. The appeal by the prosecutor of the conclusion is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.