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(영문) 부산지방법원 2017.02.16 2016노4113
특수재물손괴등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (4 million won in penalty) is too unhued and unreasonable.

2. It is recognized that the crime of this case was committed by the Defendant at the main point of the victim C’s operation, where the Defendant drinks alcohol and takes a large amount of alcohol, and the Defendant saw the entrance door out of the above main point, locking the door door, locked the Defendant, and then, the Defendant saw the Defendant into the main point, and caused the injury by making several times of the victim E who is the customer, and caused the injury in light of the content and method of the crime, etc., the crime was bad, and the Defendant failed to reach an agreement with the victim E, and did not take particular measures of recovery from damage for the victim E.

However, in full view of the following circumstances: (a) the Defendant recognized the instant crime, thereby contravening the mistake; (b) the victim C expressed his intention that he does not want the Defendant’s punishment at the lower court; (c) the Defendant appears to have committed the instant crime contingently; (d) the Defendant did not have any history of criminal punishment except a fine of KRW 1,500,000,00 for a crime of violating the Road Traffic Act on November 17, 2008; and (c) the Defendant’s age, sexual behavior, environment, and the background and consequence of the instant crime; and (d) other circumstances that form the conditions for sentencing as indicated in the instant records and pleadings, such as the circumstances after the commission of the crime, etc., it cannot be deemed unfair

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

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