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(영문) 서울중앙지방법원 2013.11.28 2013노2987

공용물건손상

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of 1.5 million won) imposed by the lower court is too unreasonable.

2. There are extenuating circumstances, such as the fact that the instant crime, which judged the grounds for appeal, could have been adjudicated simultaneously with the crime of obstruction of performance of official duties for which judgment became final and conclusive.

However, prior to the instant case, the Defendant had been punished for the same crime several times, and the lower court appears to have determined the punishment by reducing the summary order of KRW 3 million by taking into account the circumstances favorable to the Defendant as above. In full view of the following circumstances, the Defendant’s age, character and conduct, environment, motive, means and consequence of the commission of the commission, and other various circumstances, which form the conditions for the present argument and the sentencing indicated in the records, including the Defendant’s age, character and conduct, motive, means and consequence of the commission of the commission, as well as the circumstances after the commission of the commission of the commission of the crime, are not recognized to be unreasonable even if considering all the circumstances alleged by the Defendant as the grounds for appeal, so the Defendant’s assertion

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