logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2017.02.09 2016노2679
공용물건손상
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (for four months of imprisonment, one year of suspended sentence, one year of protection observation, and 40 hours of order to attend a course) is too unreasonable.

2. It is recognized that the defendant appears to have reached the crime of this case contingently, that he has reimbursed the repair cost of the damaged article, and that he has a family member to support (a wife and child).

However, it is not good for the crime committed by the defendant, and it is necessary to strictly punish such a type of crime in order to establish a legal order.

Since the defendant committed the crime of this case under drinking once again after assaulting his wife and being subject to family protective disposition twice, it does not seem that ordering the defendant to observe the protection of the defendant and take lectures for alcohol treatment.

In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, etc., various sentencing conditions as shown in the argument of the instant case, and the scope of recommended sentence according to the sentencing guidelines for the enactment of the Supreme Court Sentencing Committee, the sentence of the lower court is too unreasonable.

Therefore, the defendant's assertion is without merit.

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

arrow