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(영문) 울산지방법원 2016.07.15 2016노660

공용물건손상

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (one million won in penalty) is too unfilled and unfair.

2. The crime of this case is an unfavorable circumstance to the Defendant, in order to establish the State’s legal order and eradicate the light of public authority, etc., where the Defendant destroyed glass on the bulletin board of the police box without any particular reason, and there is a need to strictly punish the same crime as in this case.

However, in full view of various sentencing factors in the process of records and trial, including the Defendant’s age, sex, family environment, motive and circumstance of the crime, means and consequence of the crime, etc., the lower court’s punishment is too uneasy and unreasonable, and thus, cannot be deemed unfair, as it appears that the Defendant would have committed the crime in this case in a somewhat contingent and contingent manner under the influence of alcohol, reimbursement of the cost of replacing glass damaged at the investigation stage, and the fact that there was no particular criminal history except for punishment once in the past.

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 prosecutor's appeal is without merit. It is so decided as per Disposition.