(영문) 부산지방법원 2015.12.11 2015노3127 | 리걸엔진

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(영문) 부산지방법원 2015.12.11 2015노3127

공용물건손상등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below (two years of imprisonment for a term of eight months, two years of probation, and probation) is too uneased and unfair.

2. The crime of this case is acknowledged in light of the following circumstances: (a) the Defendant reported a false crime to the police officer after reporting it to the police; (b) the Defendant interfered with the police officer’s legitimate performance of official duties by breathing and assaulting the police officer; (c) the Defendant’s act of causing damage to public goods by destroying hand Hand cases installed in a toilet during the police force in the police force; and (d) the Defendant asserted that the Defendant did not make a false report to the police officer without direct witnessing the gambling site and making a false report to the police; and (c) the Defendant’s act of committing the crime was very poor in light of the method of committing the crime, such as: (a) taking the police officer’s seat into the police officer and threatening him to threaten him to “to wear.”

However, in full view of the following circumstances: (a) the Defendant did not appeal to the purport of recognizing his mistake; (b) the Defendant received the judgment of the lower court without filing an appeal; (c) the Defendant was punished for a suspended sentence due to the same crime; (d) it was the case before about 20 years and there was no criminal punishment heavier than the suspended sentence; and (e) the Defendant’s damaged public goods are not the subject matter of the high interest; (e) the Defendant’s age, environment, family relationship, circumstances leading to each of the instant crimes; and (e) circumstances leading to each of the instant crimes, etc. before and after the instant crimes, the lower court’s punishment

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

참조조문

-형사소송법 제364조 제4항

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