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(영문) 창원지방법원 2020.05.21 2020노87
재물손괴등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a fine of four million won) declared by the lower court is too unhued and unreasonable.

2. Where there is no change in the conditions of sentencing compared to the judgment of the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect the sentencing of the first instance court as an appellate court.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The Defendant had been punished several times due to property damage, and the Defendant committed the instant crime without being aware of it during the period of suspension of execution.

However, the Defendant recognized all the crimes of this case, and is against the law.

The extent of damage caused by the defendant's property damage and the degree of obstruction of performance of official duties is minor.

The Defendant compensated the victim of the damage to property, and agreed with the victim.

The defendant supports the elderly and felling children alone.

In addition, comprehensively taking account of various conditions of sentencing, such as the Defendant’s age, character and conduct, environment, family relationship, circumstances after the crime, and result, and there are no special circumstances or changes in circumstances that may change the sentencing of the lower court following the lower judgment, the sentence imposed by the lower court cannot be deemed as unfair because it goes beyond the appropriate and reasonable scope of discretion.

The prosecutor's assertion of unfair sentencing is without merit.

3. The prosecutor's appeal of conclusion 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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