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(영문) 의정부지방법원 2019.05.02 2018노2449
공용물건손상
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of the grounds for appeal: Sentencing (the sentence of the court below: a fine of five million won);

2. In light of the extenuating circumstances, the Defendant committed the instant crime without being aware of the fact that he/she was sentenced to imprisonment with labor for ten months and a fine of 600,000 won on September 7, 2015 due to the obstruction of performance of official duties on the part of the Defendant, who refused medical treatment without any particular reason, thereby damaging the door of the first-aid vehicle so that the repair cost would be approximately KRW 9,30,000,000,000,000,000,000 won, and the Defendant was serving as a repeated offender upon termination of the execution of the sentence on April 21, 2016, and the Defendant had been punished several times for violent crimes in addition to the foregoing repeated crime.

However, in full view of the favorable circumstances, such as the fact that the defendant shows an attitude against the defendant's wrong recognition, the fact that the defendant committed a contingent crime, the fact that the defendant seems to have been in need of treatment and assistance for the repetition of the crime committed by the principal offender, and other factors indicated in the sentencing of this case, such as the defendant's age, character and conduct, environment, circumstances of the crime, and circumstances after the crime, there are no circumstances to deem that the sentence of the court below was made within the discretionary scope and that there was a change in the sentencing conditions in the trial.

Therefore, the prosecutor does not accept the prosecutor's allegation of unfair sentencing.

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

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