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(영문) 광주지방법원 2013.07.19 2013노1164

공용물건손상등

Text

The defendant's appeal is dismissed.

Reasons

1. The punishment of the court below (two million won of fine) is too heavy in consideration of various circumstances against the defendant in light of the summary of the grounds for appeal.

2. The judgment of the court below is somewhat contingent that the defendant committed each of the crimes in this case under the influence of alcohol, recognized the defendant's mistake and reflects his depth after the crime, replaced two damaged fire parts into new ones, and agreed with the police officers who committed violence. However, in light of the favorable circumstances of the defendant, the court below sentenced to a fine of KRW 2 million in consideration of the defendant's favorable circumstances, and in this case, the defendant interfered with the execution of official duties by assaulting the police officers who tried to return home safely, and thereby the nature of the crime is bad. As such, the act of breathing violence not only threatens the safety of the citizen, but also caused the waste of police force, and thus, it is necessary to do solemnly. In full view of all the sentencing conditions stipulated in Article 51 of the Criminal Act including the defendant's age, character, conduct, circumstances, etc., the defendant's age, and the circumstances leading to the crime in this case cannot be viewed as improper, and the defendant's assertion is without merit.

3. Therefore, the defendant's appeal is dismissed in accordance with Article 346 (4) of the Criminal Procedure Act, since the defendant's appeal is reasonable. It is so decided as per Disposition.