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(영문) 광주지방법원 2016.06.02 2016노673

재물손괴등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (eight months of imprisonment) is too unhued and unreasonable.

2. The following determination is an unfavorable circumstance to the Defendant.

The defendant has exercised violence against many victims and suffered considerable property damage, and the crime is not good due to assault by public officials who conduct legitimate performance of official duties and damage public goods.

In order to protect legitimate performance of official duties and establish a sound social order, it is necessary to strictly punish a violation of official duties.

The damage was not recovered at all.

On the other hand, the following conditions are favorable.

The defendant is fully recognized to commit the crime and is against the law.

The degree of violence and injury to victims, interference with the performance of official duties, and damage to public goods is not much serious.

The defendant has no criminal records of suspended execution or more.

The Defendant committed each of the crimes of this case in a state of mental and physical weakness.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances following the instant crime, the Defendant’s age, sexual conduct, environment, etc., as well as the various sentencing conditions indicated in the records and arguments, the prosecutor’s assertion is without merit, since the lower court’s punishment is too uneasible and it is not deemed unfair.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.