공용물건손상등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of eight million won.
The above fine shall not be paid by the defendant.
1. The sentence imposed by the court below on the summary of the reasons for appeal (the imprisonment of eight months and the suspension of execution of two years) is too unreasonable.
2. The Defendant, without justifiable grounds, attempted to destroy a taxi by launching the taxi, etc., assaulted a taxi engineer to attach him/her, arrested him/her in the act of committing an act of committing an offense, and then, the Defendant committed assault and damage to a police officer even though he/she returned to the police station that he/she faced with the disturbance, and even if he/she returned to the police station, the crime is not good in light of the substance of the offense.
However, when the defendant was found to have committed all crimes when he was in the trial, it is against the mistake that the defendant recognized all crimes, agreed with the victim of assault and damage to property in the trial, deposited 200,000 won against the Republic of Korea in relation to the damage of public goods, it was a history of punishment for a long time violent crime, and there was no history of punishment for a long time since 2001, and it was also excessive in full view of the defendant's age, sexual behavior, environment, etc. and various sentencing conditions as shown in the records and arguments, the sentence of the court below is too heavy.
The decision is judged.
3. Accordingly, the defendant's appeal is with merit, and the judgment below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is ruled again as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence admitted by the court is as follows: (a) except for the addition of “1.1. Defendant’s trial testimony” to the summary of the evidence of the court below, it is identical to each corresponding column of the court below’s judgment; and (b) thereby, it is acceptable in accordance with Article 369 of the Criminal
Application of Statutes
1. Relevant Article 141(1) of the Criminal Act, Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties), Articles 371 and 366 of the Criminal Act, Article 260(1) of the Criminal Act (the point of attempted damage to property), the choice of fines for each of the crimes;
1. The former part of Article 37 of the Criminal Code, and Article 38.