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(영문) 의정부지방법원 2013.09.27 2013노1038
재물손괴
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable as it is too unfasible that the disposition (the suspension of the sentence and the suspended sentence: fine of 300,000 won) taken by the court below against the defendant by judgment.

2. In full view of the following circumstances: (a) the Defendant recognized the Defendant’s mistake from the investigative agency to the court; (b) there is no criminal records against the Defendant; (c) an agreement between the Defendant and the victim was reached; and and (d) other circumstances that form the sentencing conditions indicated in the record, such as the Defendant’s age, character and conduct, environment, the circumstances and details leading to the instant crime; and (c) circumstances after the crime, etc., the Defendant’s sentence of the lower judgment cannot

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

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