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(영문) 의정부지방법원 2020.01.16 2019노3152
특수재물손괴등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The lower court dismissed the prosecution of intimidation among the facts charged in the instant case, and convicted the remainder of the facts charged.

However, among the judgment below, the defendant and the prosecutor appealed from each of the judgment below on the grounds of unfair sentencing, and the dismissal of prosecution by the defendant and the prosecutor did not appeal both the defendant and the prosecutor, thereby making a separate decision.

Therefore, the scope of the court's judgment is limited to the judgment of conviction.

2. Summary of grounds for appeal (the defendant and the prosecutor) and each unfair sentencing decision (the original decision: Imprisonment with prison labor for six months and confiscation);

3. The lower court determined a sentence by comprehensively taking into account the following circumstances and the matters stipulated in Article 51 of the Criminal Act. A person under way: (a) a person under way is likely to commit a crime; (b) the degree of damage is serious; (c) a person under repeated crime committed during the period of a repeated crime; and (d) a person committing a repeated crime even after the police warning was received between the instant crime: All of the crimes are recognized and reflectd; and (c) the victim does not want the punishment of the Defendant by mutual consent with the victim; and (d) the reason for unreasonable sentencing alleged by the Defendant and the prosecutor is already sufficiently taken into account when the lower court determined the sentence; and (c) the lower court’s sentence

In addition, there is no reason to judge that the sentencing conditions have changed in the trial.

Therefore, we do not accept each of the defendant and prosecutor's allegation of unfair sentencing.

4. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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