공용물건손상등
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. At the time of committing the instant crime, the Defendant was unable to make a decision on his ability or intent to discern things due to symptoms such as a breath alcohol, a closed fear, a yellow disorder, etc.
B. The punishment sentenced by the lower court (amounting to 6 million won) is too unreasonable.
2. Determination:
A. According to the records of this case’s assertion of mental and physical weakness, it is acknowledged that the Defendant was under the influence of alcohol at the time of committing the crime of this case, and was under the influence of causing fears of closure, fears of disturbance, and depression. In light of the circumstances leading to the crime of this case, the means and methods of committing the crime of this case, and the Defendant’s behavior and circumstances before and after committing the crime of this case, the Defendant
shall not be deemed to exist.
Therefore, the defendant's above assertion is without merit.
B. The Defendant alleged unfair sentencing is against all of the instant crimes.
It seems that the defendant who suffers from a closed fear, a yellow disorder, etc. while under the influence of alcohol has caused the crime of this case by contingency.
The defendant did not focus on the degree of assault used by police officers, but has fully reimbursed the repair cost of the damaged patrol vehicle.
The defendant has no history of criminal punishment.
However, from the back of the patrol car to the light flag, the Defendant broken off the patrol flag, and obstructed the legitimate execution of duties by police officers who control the Defendant. It is necessary to establish a state's legal order and to eradicate the flag of public power.
The damaged police officers want to punish the accused.
In addition, the defendant's age, sex, environment, etc. as shown in the arguments of this case, opinions on the sentencing of jurors on the sentencing presented by jurors in the original trial that was conducted by the citizen participation trial - 6-8 months of imprisonment, 2 years of suspended execution: 3 persons of fine (10 million won) - 2 persons of fine: