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(영문) 울산지방법원 2016.09.08 2016노407
공용물건손상등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two years of suspended sentence for eight months of imprisonment, eight hours of community service, and forty hours of order to attend a course) that the court below sentenced is too unfasible and unfair.

2. In light of the content, circumstances, etc. of each of the instant crimes, it is necessary to impose strict liability on the Defendant inasmuch as the Defendant did not seem to have been subject to criminal punishment twice due to the obstruction of performance of official duties, and the Defendant again committed the same kind of crime despite the record of criminal punishment of a fine twice due to the obstruction of performance

However, in addition to the various sentencing conditions shown in the arguments and records, such as the defendant's age, character and conduct, circumstances after the crime, etc., and various sentencing conditions shown in the sentencing guidelines set by the Sentencing Committee for the Supreme Court, the defendant's mistake and reflects the defendant, the defendant deposited 1.5 million won for the victimized police officers in the course of the original trial, the degree of damage to the public goods, the defendant paid all repair expenses, and other various sentencing conditions shown in the arguments, such as the defendant's age, character and conduct, environment and circumstances after the crime, and the scope of recommended punishment (referring to the scope of recommended punishment) [the scope of recommended punishment] the basic area (referring to six months to one year and six months) of the first category of the invalidation and destruction of the public goods [no special person] [the scope of recommended punishment] and the second category of crimes (Obstruction of Performance of Official Duties] [the scope of punishment] in consideration of the basic area (referring to six months to one year and four months] of the obstruction of performance of official duties (no special punishment].

Therefore, prosecutor's assertion 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 ground that it is without merit. It is so decided as per Disposition.

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