(영문) 청주지방법원 2017.12.14 2017노1029 | 리걸엔진

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(영문) 청주지방법원 2017.12.14 2017노1029

재물손괴등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (3 million won in penalty) is too unhued and unreasonable.

2. Circumstances unfavorable to the defendant are as follows.

There is a need to strictly punish the obstruction of the performance of official duties for the establishment of public authority and the protection of legal order.

The defendant did not agree with the victim E, who is the police officer, and the victim E is punished for the defendant.

Circumstances favorable to the defendant shall be as follows:

The Defendant confessions all of the crimes of this case, and is against the law.

The defendant seems to have committed each of the crimes of this case in a drunken state.

The defendant does not want to punish the defendant any longer in consultation with D as the victim of the crime of damage to property.

The defendant has been sentenced to a fine of KRW 500,00,000 as a crime of violation of the Punishment of Violences, etc. Act, 1992, a fine of KRW 500,000,000 as a crime of the same crime in 197, and a fine of KRW 300,00 as a crime of the bodily injury in 2004, but there is no record of punishment for violence.

The degree of assault against the victim E by the defendant is somewhat minor, and the result of damage to the victim D is also minor.

The defendant seems to have tried to recover damage, such as finding the victim E by finding it, and repairing the damaged mobile phone clocks of the victim D.

In addition, considering the Defendant’s age, sex, career, environment, background and consequence of the crime, and all of the sentencing conditions indicated in the instant records and the previous theories, such as the circumstances after the crime, the lower court’s punishment cannot be deemed to be unfair because it is too uneasible.

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

참조조문

-폭력행위 등 처벌에 관한 법률

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