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(영문) 대전지방법원 2015.06.18 2015노924
공용물건손상
Text

Defendant

The appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair punishment) of the original judgment (4 months of imprisonment) is too unreasonable.

2. The circumstances that can be considered include the fact that the Defendant reflects his mistake, the degree of damage to the police vehicle is relatively minor, and the Defendant bears the expenses incurred in repairing the police vehicle.

However, in full view of the following factors: (a) the Defendant did not know himself during the period of suspension of execution due to violent crimes and committed the instant crime while being sentenced to a fine; (b) the Defendant committed the instant crime; (c) the Defendant was punished several times after the sentence of the lower judgment; (d) there was no change in the circumstance that changes the sentencing after the sentence of the lower court was made; and (c) various sentencing conditions, such as Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime; (d) the scope of the recommended sentence according to the sentencing guidelines of the Supreme Court Sentencing Commission for the instant crime; (e) the obstruction of performance of official duties; (e) type 1 of the invalidation and destruction of public goods (where the value of the goods that have been invalidated or destroyed is minor); (e) the decision of the recommended area; and (g) the scope of the recommended sentence (i) the recommended area

3. The Defendant’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. Pursuant to Article 25(1) of the Rules on Criminal Procedure, the first head of the crime of the lower judgment’s crime “as of December 10, 2013, the said court was sentenced to one year of imprisonment and two years of suspended execution, which became final and conclusive on December 10, 2013, and is currently under suspended execution,” and “as of December 10, 2013, the said court was sentenced to one year of imprisonment for a crime of violation of the Punishment of Violences, etc. Act (joint confinement) and two years of suspended execution, which became final and conclusive on December 18, 2013, and is currently under suspended execution.”

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