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(영문) 수원지방법원 2015.02.05 2014노4782

공용물건손상등

Text

The prosecutor's appeal is dismissed.

Reasons

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

2. In light of the following circumstances: (a) the Defendant, while under the influence of alcohol, took a bath to a police officer while assaulting the police officer and destroying patrol cars, etc.; (b) the Defendant appears to have recognized his/her mistake and reflect himself/herself; (c) there was no serious damage to the police officer; (d) the Defendant paid repair expenses for the patrol cars damaged in the trial; (c) the Defendant was a primary offender with no criminal power; and (d) the Defendant’s age, character and conduct, environment, family relationship, and other circumstances constituting the conditions for sentencing as indicated in the instant case, such as the Defendant’s age, character and conduct, family relationship, etc., the Defendant’s argument that the sentence of the lower court is too uneasible and unreasonable,

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.