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(영문) 광주지방법원 2013.10.18 2013노1592

공용물건손상등

Text

The defendant's appeal is dismissed.

Reasons

1. The punishment of the court below (two months of imprisonment, two years of suspended execution, two years of probation, community service, 120 hours of imprisonment) is too heavy when considering various circumstances against the defendant in light of the summary of the grounds for appeal.

2. The judgment below was somewhat contingent that the defendant committed each of the crimes of this case under the influence of alcohol, recognized the defendant's mistake and violated depth after the crime, agreed with the victim B of the crime of interference with business, and restored the knife and correction device of the destroyed police box room to the original state. However, the act of violent violence like this case not only threatens the safety of citizens, but also causes waste of police power, and it is necessary for the defendant to take strict measures. The defendant had several penalties prior to this case. The court below ordered a suspended sentence by taking full account of the favorable circumstances of the defendant. The court below cannot find any change in circumstances that can reduce the punishment of the court below additionally in the trial, and considering all the sentencing conditions stipulated in Article 51 of the Criminal Act including the defendant's age, character and behavior, environment, the circumstances of the crime of this case, etc., it cannot be deemed that the punishment of the court below is too unfair. Thus, the defendant's assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 346 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.