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(영문) 서울고등법원 2019.08.23 2019노1247

재물손괴등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

The sentence of the original decision (one year of imprisonment) in the summary of the grounds for appeal is too unreasonable.

Judgment

The Defendant, while under the influence of alcohol, destroyed a large number of vehicles by using a wooden dog, etc. without any special reason, sustained injuries to the driver of the vehicle, arrested the police and frighted to the police station, and boomed the glass team, which is dangerous goods in the toilet, and boomed by the police officer's head toward a glass wall, and obstructed the police officer's legitimate performance of official duties.

Criminal defendant's crime is a serious crime that leads to the awareness that many unspecified citizens can become a victim of crime without any particular reason, and it is necessary to strictly punish a defendant in that it is highly likely to repeat it as a so-called major crime.

In fact, the defendant, while under the influence of alcohol, has a record of destroying six strings of vehicles during a short time in 2016 and causing bodily injury in 2017.

The defendant's crime against police officers is highly likely to suffer serious injury to his head if the victim police officers did not resist together, and it is a dangerous act in itself, and it is also necessary to establish the state's legal order and to punish the police officers in order to eradicate the light of public power.

These points are disadvantageous to the defendant.

The defendants recognize all crimes and reflect their mistakes.

The defendant does not want the punishment of the defendant by mutual agreement between the victims of the crime of causing property damage, causing damage to property, causing special property damage, and the investigation agency and the original trial.

For the police officers who have committed crimes of obstruction of performance of official duties, the defendant makes efforts to recover damage by depositing additional KRW 500,000 in the original trial and KRW 1 million in each trial, and M of the damaged administrative officers want to be punished by the defendant.