beta
(영문) 광주지방법원 2015.07.09 2014노2857

폭력행위등처벌에관한법률위반(공동재물손괴등)

Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The punishment of the court below (two years of suspended execution for six months of imprisonment, 120 hours of community service, confiscation) is too unreasonable.

Judgment

The fact that the defendant has recognized his mistake, that the defendant is the first offender who has no previous conviction, and that the defendant has agreed with the victim is a favorable sentencing factor.

However, in light of the following: (a) there are more than 30 placards damaged by the Defendant; and (b) the Defendant’s crime of this case is beyond the infringement of personal legal interests and damages the fairness of election, which is the foundation of democracy; and (c) the nature of the crime is grave; and (d) other factors of sentencing, including the background of the crime of this case, circumstances after the crime, the Defendant’s age, character and conduct, etc., are considered as factors of sentencing that are disadvantageous to the Defendant; and (c) other factors of sentencing, which are

Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.