공용물건손상등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
1. The gist of the reasons for appeal is that the original court’s imprisonment (one year and four months) is too unreasonable; and
2. In light of the fact that the Defendant had previously been sentenced to imprisonment or a fine on several occasions as well as various kinds of crimes related to violence, and that the Defendant was committed during the period of repeated crime, the Defendant’s failure to comply with a police officer’s justifiable drinking test, and sent it to a prison during the course of investigation after the arrest of the police officer, and that the nature of the crime was poor, such as the number of computers attached to the Defendant, etc., it is necessary to strictly punish the Defendant.
However, in light of the following circumstances: (a) the Defendant led to the confession of each of the crimes in this case and committed a crime in depth; (b) the Defendant appears to have committed a somewhat contingent crime under the influence of alcohol; (c) the Defendant’s wife wants to receive alcohol treatment so that the Defendant would not repeat a crime; (d) the Defendant’s wife compensated public goods damaged at the investigation stage; and (e) the police officer’s written application was submitted in charge of the Defendant’s response to the Defendant’s wife at the investigation stage; and (e) the Defendant’s age, character, character, intelligence and environment; (e) the motive, process, means, method, and consequence of the crime; and (e) other circumstances that are conditions for sentencing, such as the circumstances before and after the crime; and (e) the Defendant and his defense counsel’s allegation of unfair sentencing is somewhat unreasonable.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is reasonable, and the following decision is rendered after pleading
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are all the same as the corresponding columns of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article of the Act and Article 148-2 of the Road Traffic Act concerning the crime and the choice of punishment;