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(영문) 인천지방법원 2013.04.18 2012노3729
재물손괴등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendant to the penalty (2.5 million won of a fine) is too unhued and unfair.

2. The Defendant, on the ground that the damaged vehicle interferes with the passage of the alley, assaulted the driver’s arms on the ground that it was carried out by the driver and carried out official duties after driving the vehicle to the police station. The Defendant used the driver’s arms on the ground that the bus on board the Defendant did not properly abide by the stop line. The Defendant used the violence on the grounds that he did not control his own emotions for a minor reason, and exercised several times of violence, and during that process, it cannot be said that the nature of the crime is light by the use of violence to the police officers who exercise legitimate public authority, and that it did not reach an agreement with the victims.

However, in light of the following: (a) the damage caused by the instant crime is minor; (b) the Defendant’s criminal history was punished three times by a minor fine; (c) the Defendant was an contingent crime under the influence of alcohol; and (d) the circumstances before and after the instant crime; (b) the Defendant’s age; (c) the Defendant’s age; (d) character and conduct; and (e) various circumstances indicated in the record, such as the circumstances surrounding the instant crime; and (e) the sentencing conditions under Article 51

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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