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(영문) 서울북부지방법원 2015.02.12 2014노1521
공용물건손상미수등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the penalty (three million won of a fine) declared by the court below against the defendant is too unfilled.

2. Each of the crimes of this case committed by the Defendant is attempted to damage public goods used by public offices, and thus, the police officers who have performed official duties are insulting, and there is a need to severely punish them. However, even though the Defendant was erroneous in recognizing the Defendant’s mistake, the Defendant committed the crime of damaging public goods in depth, and committed the crime of damaging public goods, and the degree of insult against the police officers was not relatively severe, and there is no particular criminal power except for the punishment imposed once for gambling crimes seven years prior to the punishment of a fine, and other circumstances that form the conditions for sentencing indicated in the records, such as the motive and background leading up to each of the crimes of this case, the circumstances before and after the crimes, the Defendant’s age, character, environment, occupation, and family relations, the punishment imposed by the Defendant cannot be deemed unfair because it is too uneasible.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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