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(영문) 대구지방법원 2019.01.30 2018노4246
특수재물손괴등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (six months of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. The conclusion is that the defendant's agreement with the victim of the crime of special property destruction or damage or public officials subject to obstruction of performance of official duties does not want the punishment of the defendant, that the defendant recognized each of the crimes of this case and reflected against the defendant, and that the defendant has no record of having been punished by imprisonment with prison labor is favorable to the defendant.

Each of the crimes in this case is not easy in light of the form of the act.

It is inevitable to impose severe punishment in that the defendant has been punished for the same crime several times, and in particular, it is inevitable in that he/she commits some crimes during the period of suspension of execution after having been sentenced to a suspended sentence of imprisonment due to the crime of obstruction of performance of official duties, and commits additional crimes.

This is disadvantageous to the defendant.

In addition, there is no special circumstance or change of circumstances that can be newly considered after the pronouncement of the lower judgment, and considering the following factors, such as the Defendant’s age, character and conduct, environment, motive and circumstance of the crime, and circumstances after the crime, the sentence of the lower court is too heavy or unreasonable.

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.

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