(영문) 서울서부지방법원 2018.04.19 2018노290

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울서부지방법원 2018.04.19 2018노290

공용물건손상등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. As to the crime of damage to public goods, the iron partitions for protection has already been worn out, and the Defendant did not exercise a tangible power to the extent that it would be damaged and did not have intention to damage.

B. The sentence of the lower court (one year and four months of imprisonment, and a fine of 600,00 won) is too unreasonable.

2. Determination

A. According to the evidence of the crime of damage to public goods, it is recognized that the defendant was arrested as a suspicion of interference with his duties and was in the suspect waiting room in the Seodaemun Police Station in Seodaemun-gu Seoul, Seoul, with his own bath, the reticulate of the reticulate for the protection in the waiting room installed in the waiting room in his/her hand, and the use of the reticulate fixed on the wall falls off on the wall, and the straw on the floor is damaged.

As the defendant's act causes damage to the partitions for the protection of articles used by public offices, which are articles used by public offices, and the defendant's intent to damage is recognized, the defendant's assertion of mistake is rejected.

B. The court below imposed a sentence by taking account of the defendant's age, sex, environment, motive, means and consequence of the crime, circumstances after the crime, etc., and considering the fact that the defendant had been subject to criminal punishment on several occasions, and that the defendant committed a second offense against the police officer in the month in which he was sentenced to imprisonment with prison labor and discharged from the same kind of crime, and considering the favorable circumstances that the defendant seems to have committed a second offense, such as the defendant's age, sexual behavior, environment, motive, means and consequence of the crime, and the circumstances after the crime.

In addition to the above sentencing, even if the defendant's punishment compensates for the damage caused by the disturbance of duties and has agreed with the victim, the judgment of the court below exceeded the reasonable limit of discretion.

(2) the Corporation.

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