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(영문) 대구지방법원 2019.09.27 2019노2904
재물손괴등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant (eight months of imprisonment) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. We also examine the arguments of the Defendant and the Prosecutor.

It is recognized that the defendant recognized all of the crimes in this case, agreed with the victim B and K, and the victim N expressed his intention not to want the punishment of the defendant, and that there is a family member to support the defendant.

However, it is recognized that there are many times of the crime of this case, the crime of this case is bad, the defendant has already been sentenced to 6 months of imprisonment due to special property damage, the defendant has already been sentenced to 6 months of imprisonment due to special property damage, and there have been a total of 26 times of punishment including 5 times of punishment for the crime of this case, in particular, the crime of this case was committed during the repeated crime period, and the victim H and F did not agree with

In addition, comprehensively taking account of the following circumstances: Defendant’s age, character and conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, etc., and the fact that there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the crime, it is not recognized that the sentence imposed by the lower court is too heavy or unreasonable.

3. In conclusion, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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