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(영문) 수원지방법원 2016.06.24 2016노519
재물손괴등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence of the lower court (the imprisonment of eight months, the suspension of the execution of two years, the observation of protection, and the forfeiture of subparagraph 1 of this Article) is too uneased and unreasonable.

2. The fact that the instant crime was committed again during the suspension period of imprisonment with prison labor for the same criminal record as the judgment was committed is disadvantageous.

However, it seems that the editing disease suffered by the defendant is the cause of the above crime, and the defendant's father protects, supervises, and is able to receive treatment in good faith in the future.

The fact that the victim of the crime of damage to property does not want the punishment against the defendant is a favorable circumstance.

In addition, in consideration of the motive and background of the crime, the circumstances after the crime, the age of the defendant, sexual conduct, environment, etc., and all the sentencing conditions indicated in the theory of changes, the sentence of the court below cannot be deemed to be unfair because the sentence of the court below is too uneasible.

3. The appeal by the prosecutor of the conclusion is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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