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(영문) 인천지방법원 2016.10.21 2016노2761
재물손괴등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal asserts that the defendant's punishment (six months of imprisonment) declared by the court below is too unreasonable, and the prosecutor asserts that the above punishment is too uneasible and unfair.

2. We examine the reasoning of the judgment and the prosecutor together.

In light of the fact that the defendant's mistake and reflects against himself, and that the defendant committed each of the crimes of this case in relation to the victim's related divorce lawsuit (Seoul Family Court 2016ddan458), which is favorable to the defendant, such as the settlement of the fact that the defendant is divorced under the condition that he designates a person with parental authority and a person with custody over minor children as the victim. While each of the crimes of this case is committed in this case, the defendant suffered property damage or repeatedly transmitted text messages to the victim in divorce lawsuit by means that he could feel sexual humiliation or fear against the victim, as well as the defendant committed a violation of the temporary protection order issued by the court to protect the victim, in light of the circumstances of the crime, method, period, frequency, etc. of the crime, the mental suffering of the victim seems to be considerable, and the defendant committed each of the crimes of this case without care for the period of suspension of execution due to violence against the victim, etc., it is acknowledged that the defendant committed each of the crimes of this case against him.

3. 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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