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(영문) 창원지방법원 2015.08.26 2015노1508
공용물건손상
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The gist of the grounds for appeal argues to the purport that the punishment imposed by the lower court (four months of imprisonment) is too unreasonable, and the prosecutor argues to the effect that the sentence imposed by the lower court is too uneased and unreasonable.

2. We also examine each of the allegation of unfair sentencing by the Defendant and the prosecutor.

The fact that the defendant is led to confession and reflect, and the fact that the defendant is at the location of supporting the mother is favorable to the defendant.

On the other hand, the crime of this case was committed while the defendant was arrested as an offender in the act of violence and was on board the police vehicle several times, and the nature of the crime is not good. The defendant had been punished several times due to violent crimes in the past, and the defendant committed the crime of this case during the repeated crime due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Doing Vehicle) in the judgment of the court below, and there is no special reason to change the sentencing after the sentence of the judgment of the court below.

Considering the above circumstances, the scope of the recommended sentence according to the sentencing guidelines of the Supreme Court Sentencing Commission (one to one year from June), and other various sentencing conditions as shown in the records and arguments of this case, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, the sentence imposed by the court below cannot be deemed too somewhat somewhat weak or unreasonable.

Therefore, each of the defendant and prosecutor's arguments on unreasonable sentencing is without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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