(영문) 수원지방법원 2016.10.21 2016노5122 | 리걸엔진

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 2016.10.21 2016노5122

공용물건손상등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The criminal defendant committed a crime of destruction repeatedly without any particular reason, and the nature of the crime is inferior, such as damaging public goods, even in the course of being arrested and escorted by an investigative agency, and the criminal defendant has been subject to criminal punishment several times prior to the crime of this case. In particular, on June 18, 2013, he was sentenced to imprisonment with prison labor for a year of suspension of one year due to night, intrusion upon residence, theft, etc., and was sentenced to a fine of two-year suspension of execution, and was sentenced to a prison term of a fine during the grace period, but he/she committed the crime of this case, it is necessary to punish the criminal defendant corresponding thereto.

However, all of the crimes of this case are recognized by the defendant, and the defendant is against the facts constituting the crime of this case in the process of investigation.

(d). (e);

The victims mentioned in paragraph (1) and the victims agreed to do so, and the facts constituting the crime of this case as stated in the judgment of the court below

(a).

The victims stated in the claim were agreed with the victims, and the crime No. 2-B as stated in the judgment of the court below was raised in the trial.

In full view of the following circumstances: (a) the Defendant agreed with the victim as stated in the lower judgment; (b) the Defendant deposited KRW 300,000 for the victim as stated in paragraph (3) of the criminal facts stated in the lower judgment; and (c) the Defendant deposited KRW 700,000 for the victim as stated in paragraph (4) of the criminal facts stated in the lower judgment’s judgment; (c) the Defendant did not have any history of being punished as a sentence before the instant crime was committed; and (d) the Defendant’s age, character and conduct, environment, family relationship

Therefore, the defendant and his defense counsel's above argument of unfair sentencing is reasonable, and the prosecutor's above argument is without merit.

3. Thus, the defendant's appeal is justified.

참조조문

-형사소송법

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