beta
(영문) 대구지방법원 2017.02.16 2016노4909

재물손괴등

Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant (unfair sentencing)’s punishment (one and half years of imprisonment) by the lower court is too unreasonable.

B. The prosecutor (unfair sentencing)’s sentence is too unhued and unreasonable.

2. The circumstances favorable to the defendant are that the defendant recognized each of the crimes of this case and reflected his mistake, and that there was an agreement with the victims of the remaining crimes except for those obstructing the performance of official duties, or that the damage was recovered.

On the other hand, the defendant has a lot of history of criminal punishment, and the defendant has a lot of history of punishment for the same kind of crime. On April 4, 2015, in the Daegu District Court Kimcheon support, the defendant committed each of the crimes of this case that are included in the same kind of crime is disadvantageous to the defendant, since he was sentenced to imprisonment for one year and six months due to the fire prevention of general goods, the violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents, the Violation of Road Traffic Act, the violation of Road Traffic Act, the violation of road traffic law, the violation of the Guarantee of Automobile Compensation, bodily injury, assault, theft, or intrusion upon residence, and the execution of the sentence was completed on December 31,

Considering the above circumstances and other circumstances, such as the character, conduct, environment, motive, means, and consequence of the crime, etc. of the defendant, the sentence of the court below is determined to be appropriate as a punishment within the scope of the discretion of sentencing.

Therefore, the defendant and the prosecutor's argument are without merit.

3. In conclusion, the appeal by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.