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(영문) 대구지방법원 2013.11.01 2013노983
공용물건손상
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of 1.5 million won) by the lower court is excessively unreasonable.

2. It is recognized that the Defendant appears to have reached the instant crime by contingency, and that the Defendant’s confession while committing the instant crime is against his own will.

However, taking account of the following circumstances: (a) the Defendant had multiple criminal records; (b) the instant crime was committed on the ground that the police officer intended to send the police after receiving a report 112 and did not neglect the patrol lane, and thus, the nature of the crime is not good; (c) the damage caused by the instant crime was not recovered; and (d) the Defendant’s character and conduct, the motive, means and methods of the instant crime, and the circumstances after the instant crime, etc., which are conditions for sentencing, the sentence of the lower court is too unreasonable.

3. In conclusion, the defendant'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.

(However, since it is apparent that the phrase “infinite” is omitted in front of the second page of the judgment of the court below, it shall be corrected to add it pursuant to Article 25(1) of the Regulations on Criminal Procedure.

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