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(영문) 서울동부지방법원 2016.10.13 2016노629
재물손괴등
Text

The prosecutor's appeal is dismissed.

Reasons

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

2. In full view of the following circumstances: (a) the court below’s sentence elements that are disadvantageous to the defendant; (b) the Defendant reflects the Defendant’s mistake; (c) the degree of damage to the property of this case is minor; (d) the victim F does not want punishment against the Defendant; (c) the policeJ agreement regarding the crime of obstruction of performance of official duties; (d) the Defendant does not have any more severe penalty power than fine; (e) the Defendant’s age, character and conduct, background and consequence of the instant crime; and (e) the Defendant’s several times of criminal records and arguments, etc.; and (e) the Defendant’s several times of criminal records, etc. reflects all circumstances that are conditions for sentencing as shown in the records and arguments, such as the records and arguments, such as the following circumstances, are adequate, and unreasonable.

3. Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.

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