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(영문) 대구지방법원 2017.06.21 2017노905
재물손괴
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Each sentence (Defendant A: a fine of KRW 7 million, Defendant B: a fine of KRW 5 million) declared by the court below to the Defendants is too uneased and unreasonable.

B. Each sentence sentenced by the court below to the Defendants is too unreasonable.

2. We examine both the judgment prosecutor and the Defendants’ respective unfair arguments in sentencing together with each of the instant offenses, and the fact that the victimized person lost an opportunity to respond to the instant offense in accordance with the legal procedure, and that the injured person appears not to have been injured, Defendant B had the same criminal records twice, the record of criminal punishment including the previous criminal records is 24 times, and that the Defendants committed the instant offense during the period of repeated offense is disadvantageous to the Defendants.

On the other hand, if the defendants filed a civil claim against the victim for removal of packing horse, the victim seems to have no title to oppose the request, and the defendants also seem to have suffered considerable economic and mental damage due to the failure to execute the purchase and sale contract of the land of this case. Although the defendants attempted to resolve the problem through negotiations with the victim several times, they would have caused the occurrence of this case upon unreasonable compensation request by the victim even though they did not have any civil title to oppose the defendants, the negotiation would have been concluded with the victim, which would result in the occurrence of this case. The defendants handled the crime of this case by means of less damage, such as the defendants' separation of packing horse equipment and materials, packing, packing, or storing them in the warehouse, upon request by the defendant Eul, and the defendant Eul took part in the crime of this case without any particular consideration, and the defendant Eul took part in the crime of this case without any specific consideration by the Medical Service Act other than the punishment imposed once by the

In addition, the records and arguments of this case, such as the age, sex, environment, circumstances leading to the crime, means and results, and the circumstances after the crime.

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