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(영문) 광주지방법원 2015.09.02 2015노65

공용물건손상등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (six million won of a fine) is too unhued and unreasonable.

2. In order to establish the legal order of the judgment state and eradicate the light of the public authority, it is necessary to strictly punish crimes of obstruction of performance of official duties or damage to public goods.

On the other hand, there are favorable circumstances, such as the fact that the Defendant was a first offender and was deemed to have committed the instant crime by contingency under the influence of alcohol, the agreement with the victimized police officers was reached, the damage caused by the instant crime was recovered, and the degree of the injury and damage to public goods was relatively not much serious. In addition, in full view of the circumstances of the instant crime, the circumstances after the instant crime was committed, the Defendant’s age, character and conduct, and environment, it is not recognized that the lower court’s punishment is too unreasonable, and thus, the Prosecutor’s above assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.