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(영문) 대구지방법원 2016.04.08 2015노417
특수공용물건손상등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence (five million won in penalty) that the court below rendered by the court below on the gist of the grounds of appeal is too unhutiled and unreasonable.

2. The crime of this case, based on the Defendant’s false report, interferes with police officers’ legitimate execution of their duties by deceptive means, and damages patrols, which are goods used by public offices, due to dangerous articles, and is not less than that of the crime. The crime of interference with official duties needs to be strictly punished as a crime detrimental to the State’s function by interfering with legitimate exercise of public authority.

In addition, the Defendant committed the instant crime without being convicted of the suspension of the execution of imprisonment due to a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.), even though he/she was under the suspension of the execution, is disadvantageous to the sentencing.

However, the defendant seems to have committed the crime of this case in misunderstanding the wrong mind that the defendant would have been able to live again in prisons due to extreme financial difficulties, etc. while under the influence of alcohol, and it is hard to say that this will not be absolute in the future while reflecting his depth.

In addition, the defendant did not assault or injure police officers, and it does not seem that he did not directly harm the employees of the convenience store who made a false report.

In addition, the repair cost of the patrol car damaged by the defendant was borne by the defendant and the damage was recovered.

In addition, taking into account the Defendant’s age, sex, family environment, motive and background of the crime, means and consequence of the crime, and various sentencing conditions, such as the situation before and after the crime, it does not seem that the sentence imposed by the lower court is too unfeasible and unfair even if considering the various circumstances asserted by the prosecutor.

3. The appeal by the prosecutor of the conclusion is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so ordered as per Disposition.

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