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(영문) 수원지방법원 2019.07.04 2018노7776
특수재물손괴등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (six million won of a fine) is too unhued and unreasonable.

2. The crime of this case is deemed to have been committed on the following grounds: (a) the Defendant collected beer disease, which is a dangerous object; (b) damaged the restaurant entrance by destroying the PC monitoring; (c) the crime is bad in light of the method and content of the crime; (d) the Defendant has multiple criminal records; and (e) the Defendant was sentenced to suspended execution of imprisonment for the same kind of crime; and (e) the Defendant committed a part of the crime of this case at least seven months in prison and discharged from prison due to the revocation of suspended execution; (b) it is deemed to have already been considered in the sentencing of the lower court.

In addition, in full view of the circumstances, including the fact that the Defendant led to the instant crime and reflects his mistake, and the fact that the damage from the instant crime was not significant, the sentencing equity with the same or similar case, and the Defendant’s age, character and behavior, environment, motive and background of the instant crime, means and consequence, etc., the lower court’s punishment is too unjustifiable and unreasonable.

Therefore, the prosecutor's above assertion is not accepted.

3. In conclusion, the prosecutor's appeal 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.

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