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(영문) 청주지방법원 2016.10.28 2016노462
공용물건손상등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two years of imprisonment with prison labor for six months) declared by the court below is too unhued and unreasonable.

2. The lower court determined the Defendant’s punishment by taking account of the following circumstances confirmed through the entire records and the purport of the pleading.

The favorable normal circumstances: (1) all confessions and reflects crimes.

② The damaged patrol police officer reimbursed the repair cost of the antenna, and deposited certain money with the damaged police officer.

(3) A person shall not have any criminal record exceeding the same criminal record or fine for the last twenty years.

Disadvantageous circumstances: The offense is inferior in light of the circumstances and contents of the assault by the police officer.

There is no change in the conditions of sentencing compared with the original judgment because new sentencing materials have not been submitted in the first instance court, and there is no other circumstance that the original judgment is deemed to have exceeded the reasonable bounds of its discretion, or that maintaining the sentencing of the lower court is unreasonable, considering the following: (a) the conditions of sentencing and the statutory penalty; and (b) the sentencing guidelines, etc. are considered.

Therefore, prosecutor's assertion is not accepted.

Damage to Public Goods: The scope of final balancing due to the aggravation of multiple crimes, which is the basic area of invalidation and destruction of Public Goods (Invalidity of Public Goods): Type 1 (Obstruction of Performance of Official Duties) and Category 1 (Obstruction of Performance of Official Duties). The scope of final balancing due to the aggravation of multiple crimes: 6 months to 2 years:

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. It is so decided as per Disposition.

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