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(영문) 서울남부지방법원 2017.11.23 2017노1355
재물손괴
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment of the lower court (2 million won) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The Defendant recognized the instant crime and opposed to the mistake.

The degree of damage to television is not severe, and the defendant does not want the punishment of the defendant by agreement with the victim.

However, the defendant has been punished several times due to the same crime of violence.

As the defendant was faced, the strike of the shouldered softener's disease caused the victim's children to protruding his/her son, thereby leading him/her to her.

In addition, comprehensively taking account of the Defendant’s age, sex, career, family relation, environment, motive, means, and consequence of the crime, circumstances after the crime, and the criminal experience, the lower court’s punishment is too heavy or is deemed unreasonable as it is too low.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit. Thus, all appeals filed by the defendant and the prosecutor are dismissed in accordance with Article 364 (4) of the Criminal Procedure Act.

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