2011No323 Business Obstruction, Damage to Property

Ma-O (hereinafter omitted), Non-permanent,

Not more than 30 years old-si:

Not more than the Daegu Jung-gu of reference domicile

Prosecutor

Maapju

Changwon District Court Decision 2010Gohap3874 Decided January 28, 2011

July 14, 2011

The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal (public prosecutor);

The sentence of the court below (two years of suspended sentence in six months) is too unhued and unfair.

2. Determination

In light of the fact that the Defendant’s act of spreading figures to a grave of the former president on the grounds that the Defendant expressed or intended to express his/her political intent, etc. was a huge mental suffering for bereaved families or the former presidents, and did not bring about a social strike, there is a need for a strict punishment for the Defendant.

However, on the other hand, considering all of the sentencing factors indicated in the argument of this case, such as the fact that the defendant again expressed his bereaved family's intention to commit a private crime, the crime of this case is not organized but does not seem to have caused a huge social disturbance because it is difficult to obtain support or consent from the general public with respect to its legitimacy as an protruding behavior of the defendant, and that the defendant was detained for about 70 days, and that the defendant suffers from brain ties in a relatively old age, etc., and that health conditions are not good, it is not recognized that the sentence of the court below is too unreasonable, and thus the prosecutor's assertion is without merit.

3. Conclusion

Therefore, the prosecutor's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

Judges Lee Jong-dae

Judges Kim Young-gu

판사김샛별