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(영문) 서울남부지방법원 2017.02.09 2016노2308

공용물건손상등

Text

The defendant's appeal is dismissed.

Reasons

1. In light of the following: (a) the Defendant committed each of the instant crimes in a contingent manner under the influence of alcohol; (b) the Defendant was unable to cope with the aquatic life due to lack of health due to urology, high blood pressure, etc.; and (c) the Defendant is able to live faithfully without re-offending in the future, the sentence (four months of imprisonment) imposed by the lower court is too unreasonable.

2. The Defendant committed each of the instant crimes without being aware of during the period of suspension of execution due to a crime of interference with the performance of official duties.

On the other hand, the Defendant deposited KRW 500,000 in the court room for the Republic of Korea and the Yeongdeungpo-gu Seoul District Office.

In addition, considering the various circumstances asserted by the Defendant on the grounds of appeal, the lower court’s punishment is too unreasonable, even if considering the circumstances asserted by the Defendant on the grounds of appeal, as well as the age, sex, environment, motive, means, and consequence of the instant case, including favorable or unfavorable circumstances to the Defendant.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.