(영문) 대구지방법원 2017.10.27 2017노655 | 리걸엔진

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(영문) 대구지방법원 2017.10.27 2017노655

재물손괴등

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The prosecutor's appeal is dismissed.

Reasons

1. The lower court, among the facts charged in the instant case, found the Defendant guilty of dismissing the public prosecution and of destroying property.

In this regard, since the prosecutor filed an appeal only for the guilty part of the judgment of the court below for the reason that the sentencing is unfair, and the dismissal part of the judgment of the court below is separate due to the failure of both the defendant and the prosecutor to appeal for the dismissal part of the public prosecution, the scope of the trial

2. The sentence (1.5 million won in penalty) declared by the court below on the gist of the grounds of appeal is deemed to be too unhutiled and unfair.

3. The judgment of this case is an unfavorable circumstance where the Defendant was sentenced to imprisonment with prison labor for a special larceny, etc. at the Daegu District Court on July 24, 2014, and on October 11, 2015, the Defendant committed the crime of this case without being aware of the fact that the Defendant was sentenced to imprisonment with prison labor for more than one year and six months for a crime related to violence, and was sentenced to imprisonment with prison labor for more than one year and six months for a repeated crime, without being aware of the fact that the Defendant was in the period of repeated crime, by taking advantage of the key of the scooter owned by the victim, by taking advantage of the Defendant’s scooter and walking twice through gambling.

However, there are favorable circumstances where the Defendant led to the confession of the instant crime, and the Defendant appears to have committed the instant crime by contingency while under the influence of alcohol, and the damage caused by the instant crime is relatively minor, the Defendant paid the amount of damage to the victim and agreed with the victim smoothly, and the Defendant is not in a health condition due to alcohol dependence symptoms, personality disorders, etc., and is in an economically difficult situation.

In addition to the above circumstances, the defendant's age, sex, environment, and the crime of this case was committed.

유사 판례

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