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(영문) 대구지방법원 2020.05.28 2019노2820
재물손괴
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendant to the penalty (three million won of a fine) is too unhued and unfair.

2. The crime of this case was committed by the Defendant while having a friendly dispute with her friendship, and destroyed the glass of commercial buildings without good cause. Considering that the Defendant was placed on probation during the period of probation due to her violent previous convictions, and that the Defendant was in the first instance trial after being indicted due to a separate accusation, etc., the liability for the crime is not easy.

However, immediately after the crime was committed by the Defendant, the Defendant was informed of the victim’s mistake by making contact immediately after the crime was committed, and the amount of damage was compensated by agreement, and the victim was not punished by the Defendant, and the Defendant was sentenced to a separate accusation, etc. However, since the crime of this case was committed before the date of sentencing, the crime of this case could have been tried together with the case of the above accusation, etc. However, in full view of the following circumstances, including the Defendant’s age, character and behavior, environment, motive and background of the crime, means and consequence of the crime, and the circumstances after the crime were committed, and there are no special circumstances or changes in circumstances that could change the sentencing of the lower court after the judgment, it is not recognized that the sentence imposed by the lower court is too unreasonable

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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