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(영문) 의정부지방법원 2015.11.24 2015노2532
공용물건손상등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the reasons for appeal (six months of imprisonment) by the lower court is too unreasonable.

2. Determination

A. It is recognized that the defendant led to the confession and reflect of each of the crimes of this case, appears to have committed contingent acts, and is the most supported by his family.

B. However, in full view of the following: (a) the Defendant has several criminal records; (b) one year of imprisonment with prison labor for the crime of obstruction of performance of official duties on April 10, 2015; and (c) repeated the same crime without being aware of the suspension of execution despite being sentenced to a two-year imprisonment with prison labor for the crime of obstruction of performance of official duties, etc.; (d) failure to recover damage; and (e) there are no special circumstances or changes in circumstances that may be newly considered for the Defendant after the pronouncement of the lower judgment; and (e) the Defendant’s age, character and conduct, environment, motive and circumstances leading to the instant crime; (b) the motive and circumstances leading to the instant crime; and (c) other various sentencing conditions as shown in the instant argument, even if the lower court’s judgment becomes final and conclusive,

C. Therefore, the defendant's above assertion is without merit.

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

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