공용물건손상등
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. The Defendant was in a state of mental and physical loss or mental weakness under the influence of alcohol at the time of committing each of the instant crimes.
B. The sentence of the lower court (ten months of imprisonment, two years of probation, two years of probation, observation of protection, and 160 hours of community service) against an unfair defendant in sentencing is too unreasonable.
2. Determination
A. According to the evidence duly adopted and examined by the court below, it is found that the defendant had no or weak ability to discern things or make decisions due to drinking, in light of the circumstances leading up to each of the above crimes, the means and methods of the crime, the defendant's act before and after the crime, and the circumstances after the crime.
Therefore, the defendant's above assertion is without merit.
B. In light of the determination on the unfair argument of sentencing, the Defendant committed the instant crime under the influence of alcohol, and committed the instant crime in depth while committing the crime; fully compensate for the amount of damage incurred by the crime of damaging public goods and the crime of destroying property during the investigation process; and agreed with the victim of the crime of destroying property; and the fact that the police officers suffered damage agreed to excessive cost in the lower court and the first instance trial is favorable to the Defendant.
On the other hand, even though there has been a record of punishment several times due to violent crimes, the defendant laid a brick on the front house guard, destroyed the window, interfered with the legitimate execution of duties by assaulting the police officer in charge of investigating the police officer and the case who called out after receiving a report 112, and damaged the entrance of the patrol vehicle and the protective detention room in the process. In addition, there are extenuating circumstances against the defendant, such as the nature and circumstances of the crime, and there are changes in circumstances after the sentence of the judgment of the court below.