공용물건손상등
The prosecutor's appeal is dismissed.
1. The sentence (3 million won in penalty) declared by the court below on the gist of the grounds of appeal is deemed to be too unhutiled and unfair.
2. 판단 이 사건 각 범행의 태양 및 수법 등에 비추어 그 죄질이 나쁠 뿐만 아니라 최근의 공권력 경시 풍조를 고려할 때 엄히 처벌할 필요가 있는 점은 인정된다.
However, considering the Defendant’s age, sexual conduct, environment, motive, means and consequence of each of the instant crimes, etc., the sentence of the lower court is too unffortunate and unreasonable, given that the Defendant did not have any particular criminal history, is in depth of his mistake, reimburses the repair cost of the damaged wall, reimburses the victim for the repair cost of the damaged police box, reimburses the repair cost of the entrance of the damaged police box, and in other circumstances, the Defendant’s age, sexual conduct, environment, motive, means and consequence of each of the instant crimes, and
Therefore, prosecutor's assertion is without merit.
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.