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(영문) 대구지방법원 2018.02.02 2017노5426
공용물건손상등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (eight months of imprisonment) is too unhued and unreasonable.

2. Determination of the crime of this case is an unfavorable circumstance, such as the fact that the defendant committed a crime of damaging public goods for the purpose of accomplishing his/her request, and that the crime is very poor in light of the background and method of the crime, that is the crime committed during the repeated crime period, and that the crime of the same type is repeated.

However, there are favorable circumstances, such as the fact that the Defendant has led to the instant crime, the damage to the crime of damage to public goods due to the destruction of patrol vehicles was recovered, and the damage from the crime of damage to property was not significant.

In addition, considering the defendant's age, sex, environment, motive and background of the crime, circumstances after the crime, etc., all of the sentencing conditions indicated in the records and theories of the crime in this case, the punishment imposed by the court below is too uneasible and it does not seem unfair.

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

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