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(영문) 대구지방법원 2017.07.06 2016노5341
재물손괴등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal is too unreasonable as it is too unreasonable.

2. In light of the favorable circumstances, the Defendant has a disability of grade 2, the fact that the Defendant is a recipient under the National Basic Living Security Act, the recognition of each of the instant crimes, and the fact that each of the instant crimes ought to be considered at the same time as the obstruction of the performance of official duties as indicated in the judgment of the lower court, the Defendant has already been punished several times for the same previous crimes, and the fact that the damage to the victim has not been recovered until the trial of the lower court, respectively.

In full view of the Defendant’s age, sex, environment, health, circumstances leading to the commission of a crime, means and result, scale of a crime and circumstances after a crime, etc., which can be known through records and pleadings, the sentence sentenced by the lower court appears to be reasonable, and the lower court’s judgment of sentencing exceeded the reasonable bounds of discretion.

There is no circumstance that the assessment or maintenance thereof is deemed unfair (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Therefore, it is difficult to deem that the sentence imposed by the lower court is unfair because it is too unreasonable as the Defendant alleged.

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

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