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(영문) 대전지방법원 2015.01.08 2014노2223

공용물건손상등

Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of imprisonment (one year of imprisonment, two years of suspended execution, and community service order) imposed by the prosecutor by the court below is unreasonable.

B. The sentence imposed by the lower court is excessively unreasonable.

2. It is reasonable to take into account the following circumstances: (a) the Defendant, who is against whom the judgment is made, would not repeat the same mistake again; (b) there are economically difficult circumstances; and (c) there are family members to support.

However, even though there was a previous crime of fine and suspended execution, the crime of this case was committed again again, and the crime of this case was committed in bad quality, such as assaulting the police officer dispatched upon receiving a report or destroying public goods. The execution of the community service order time is flexibly possible, and considering various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, and the circumstances before and after the crime, the prosecutor and the defendant's assertion are without merit, since it is deemed that the punishment imposed by the court below is too heavy or unreasonable.

3. In conclusion, the appeal by the prosecutor and the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeals by the prosecutor and the defendant are without merit.