logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2014.09.25 2014노1549
공용물건손상등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for one year from the date this judgment becomes final and conclusive.

Reasons

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable.

2. The crime of this case is an unfavorable circumstance to the defendant, such as the following: (a) each of the crime of this case was committed by the defendant by cutting the victim's J-owned signboards and walking them in a scam and then destroying them; (b) then, (c) the police officer destroyed the above patrol vehicle, which is a public object, with approximately KRW 388,595 repair cost, by generating even the front door and even after the front door of the patrol vehicle; (d) the police officer I avoided the defendant, and (e) the police officer I was at one time when the police officer first faces the defendant; and (e) the case is not easy to say that the case was taken once; (e) establishing a state's legal order and order; and (e) in order to eradicate the light of public authority, the crime of obstruction of performance of official duties is subject to strict punishment.

However, in full view of all the circumstances that are favorable to the defendant, such as the confession of the crime of this case and the defendant's misjudgments against his mistake through one-month confinement, the defendant's imprisonment was not imposed by the victim J on March 31, 2014, and deposited 388,595 won in the original trial by agreement with the victim J on March 31, 2014, and the police officer I did not want the punishment of the defendant under agreement with the police officer I on July 9, 2014, after the decision of the lower court was made, and the defendant did not have any criminal record or fine, and other circumstances that are favorable to the defendant, such as the character, conduct and environment of the defendant, the circumstance and consequence of each crime of this case, the circumstances after the crime, etc., and the conditions of the punishment as shown in the records and arguments, and thus, the above argument of the defendant is unreasonable.

3. If so, the defendant's appeal is reasonable. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the judgment below is ruled as follows.

Criminal facts

The summary of facts constituting an offense and evidence recognized by this court shall be as follows: Paragraph (1) and (2) of the judgment of the court below.

arrow