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(영문) 서울중앙지방법원 2014.06.26 2014노1323
공용물건손상
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The punishment sentenced by the court below (six months of imprisonment) is too unreasonable.

Judgment

In full view of all other circumstances, including the Defendant’s character and conduct, and criminal records and arguments, the punishment imposed by the lower court is too unreasonable, given that the Defendant committed the instant crime even during the period of repeated crime, while the Defendant was confined to a correctional institution at the time of the instant crime, and thus, the Defendant’s act of damaging TV, which is a public object used by all prisoners, on the ground that he/she was in need of regulating his/her own appraisal and complying with the above rules and regulations of the correctional institution, is subject to strict punishment. In full view of all other circumstances, the sentence imposed by the lower court is too unreasonable.

Therefore, 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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