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(영문) 인천지방법원 2020.08.13 2020노1214
공용물건손상등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the court below against the defendant (the imprisonment of six months and the fine of three hundred thousand won) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below against the defendant is too unfortunate and unfair.

2. Although the Defendant led to the confession of the instant crime while committing the crime, he/she had the record of criminal punishment for the same kind of property damage, even during the period of repeated crime, and he/she went to commit the instant crime, and his/her lawful exercise of violence against police officers during the lawful performance of their duties, and thus, is not subject to such punishment.

In full view of the aforementioned circumstances and the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and other circumstances that form the conditions for the sentencing as indicated in the instant case, it cannot be deemed that the lower court’s sentence is too heavy or unreasonable.

Therefore, the defendant and prosecutor's argument of unfair sentencing is without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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