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(영문) 대구지방법원 2018.10.26 2018노1919
공용물건손상등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence (five million won in penalty) imposed by the court below on the defendant is too unhued and unfair.

2. On May 19, 2017, the Defendant was sentenced to KRW 1,50,00 to a crime of interference with the performance of official duties in the Daegu District Court’s Support, but committed the instant crime again in only one month thereafter, and the Defendant, without any justifiable reason, destroyed the entrance door gate and gate of the victim D, and destroyed the police officer’s patrol car dispatched after receiving a report 112, and the Defendant destroyed the police officer’s patrol car. Thus, the Defendant is deemed to have a bad character.

However, it is recognized that the defendant's recognition of the crime of this case is against the defendant, the defendant has agreed to compensate for damage to the victim of the crime of damage to property, the compensation for damage to the crime of damage to public property has been made, and the defendant has no record of punishment exceeding the fine.

In addition, in full view of the various circumstances that are conditions for sentencing, such as Defendant’s age, sex, environment, family relationship, motive, background, means and consequence of the crime, and the circumstances after the crime, and there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the judgment of the lower court, the sentence imposed by the lower court is too unfeasible and unfair.

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

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