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(영문) 창원지방법원 2014.07.03 2014노945
공용물건손상
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The gist of the grounds for appeal asserts that the defendant is too unaffortable that the punishment (4 million won of a fine) declared by the court below is too unaffortable, and the prosecutor asserts that the sentence imposed by the court below is too unaffortable and unfair.

2. We examine both parties’ assertion of unfair sentencing.

The fact that the defendant is led to confession and reflect, and the fact that the defendant is under economic difficulties due to long-term prison life is favorable to the defendant.

On the other hand, the crime of this case is an unfavorable circumstance to the defendant, such as the fact that the defendant has already been sentenced to a fine for damage to public goods in prison, even though he had already been sentenced to a crime of damage to public goods in prison, and again committed the crime of this case, it is disadvantageous to the defendant.

In full view of the above circumstances, Defendant’s character, conduct and environment, and other various circumstances that form the conditions of sentencing as indicated in the instant pleadings, the lower court’s sentence imposed on Defendant cannot be deemed as heavy or unreasonable. Therefore, the Defendant and prosecutor’s assertion of unreasonable sentencing is without merit.

3. In conclusion, the appeal filed by the Defendant and the prosecutor is all dismissed. It is so decided as per Disposition by the assent of all participating Justices.

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