(영문) 대구지방법원 2016.04.21 2015노985 | 리걸엔진

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 2016.04.21 2015노985

재물손괴등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) is unreasonable as it is too unfasible to the extent that the sentence of the lower court is too unfasible.

2. Determination

A. The lower court sentenced the Defendant to the punishment for eight months of imprisonment, two years of suspended execution, and protection observation, with respect to the crime of destroying the Defendant’s property and obstructing the performance of official duties.

B. The fact that the defendant recognized each of the crimes of this case and reflected against the defendant, and that the defendant has no criminal record exceeding the fine, etc. are favorable to the defendant.

On the other hand, the Defendant was sentenced to a summary order of KRW 3 million due to a crime of interference with the performance of official duties on March 15, 2013, and was sentenced to a fine of KRW 1 million due to a crime of interference with the performance of official duties on September 23, 2014, and the Defendant was sentenced to a fine of KRW 1 million on September 23, 2014, and it has not been much passed thereafter, and the Defendant committed

In addition to the above circumstances, considering the fact that the defendant was detained for about two months due to each of the crimes in this case, comprehensively taking into account all the sentencing conditions stated in the arguments in this case, such as the defendant's age, sex, environment, background and means of the crime in this case, and circumstances after the crime, the sentence imposed on the defendant by the court of original judgment is deemed appropriate as a punishment within the scope of the sentencing discretion assigned to the court of original judgment, and it cannot be deemed unfair as the sentencing of the court of original judgment is too low, as alleged by the prosecutor.

(c)

Therefore, the prosecutor's improper argument of sentencing is without merit.

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 appeal is without merit. It is so decided as per Disposition.

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