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(영문) 수원지방법원 2017.02.10 2016노8336
총포ㆍ도검ㆍ화약류등의안전관리에관한법률위반등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (6 months of imprisonment and confiscation) is too unhued and unreasonable.

2. The Defendant had a record of having been sentenced to criminal punishment several times for violent crimes, including the history of having already been punished several times as a crime of destroying property (including two times the actual punishment), and in particular, the Defendant committed the instant crime without being aware of the fact that he/she was sentenced to imprisonment for eight months due to the crime of destroying property, etc., even though he/she was in the period of repeated crime.

However, in full view of the following circumstances: (a) the Defendant recognized all of the instant offenses; (b) the Defendant reflects the instant offenses; (c) the damage of property damage is minor; and (d) there was no substantial damage due to sck driving; and (c) the Defendant’s age, sexual conduct, environment, family relationship, and circumstances after the instant offenses; and (d) other circumstances that are conditions for sentencing specified in the instant case, such as the Defendant’s age, sex, family relationship, and circumstances after the instant offenses, the Prosecutor’s improper assertion on the

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 prosecutor's appeal is without merit. It is so decided as per Disposition.

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