공용물건손상등
All appeals by the defendant and the prosecutor are dismissed.
1. The summary of the grounds for appeal appealed from the lower court’s punishment (eight months of imprisonment) so long as it is too unreasonable, and the prosecutor appealed from the lower court’s punishment so far as it is too unfasible and unfair.
2. The fact that the Defendant’s health is not good, that the victims’ damage is not relatively large, and that the Defendant’s mistake is recognized, and that it is against the Defendant’s health is favorable to the Defendant.
On the other hand, the fact that the defendant had already been punished for the same kind of crime several times, and that the defendant did not receive a letter from the victims even though he did not compensate for the damages due to a special assault, etc., is disadvantageous to the defendant.
In addition, the Defendant’s age, sexual conduct, environment, motive for committing a crime, and circumstances after committing a crime are considered to be taken into account. As such, it is not recognized that the lower court’s punishment is too heavy or it is unfair because it is frightened, and thus, the Defendant and the Prosecutor’s argument cannot be accepted.
3. The appeal filed by the Defendant and the prosecutor in conclusion is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.