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(영문) 부산지방법원 2016.11.04 2016노3270
공용물건손상
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal is too unreasonable.

2. It is recognized that the circumstances such as the confession of the Defendant to commit the instant crime, and reflects the depth of his mistake, and the discharge of the repair expenses for the disabled, which are public goods damaged by the Defendant, to the police box.

However, the crime of this case is likely to impair the knife for disabled persons, which are public goods located on the outer wall of the police box. In light of the method and contents of the crime, the crime of this case is considerably poor; the defendant has been sentenced to five times of punishment for the same crime and three times of fine; in particular, on January 14, 2015, the Busan District Court sentenced eight months of imprisonment with prison labor for the crime of interference with business and the crime of insult in the branch branch of the Dong branch of the District Court of Busan on September 14, 2015 and completed the execution of the crime of this case on September 14, 2015, and again committed the crime of this case during the repeated crime period; there are no special circumstances or changes in circumstances that may be newly considered after the sentence of the lower judgment was sentenced; the balance of sentencing with the same and similar cases; the age, career, character and environment of the defendant; the motive and background of the crime of this case; the method and consequence of the crime of this case; and the basic scope of punishment of imprisonment for obstruction of performance of execution of execution of the sentencing.

In full view of internal points, it is not recognized that the sentence imposed by the court below is too unreasonable because the sentence imposed by the defendant is too unreasonable.

Therefore, the defendant's above assertion is not accepted.

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

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