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(영문) 서울남부지방법원 2021.01.28 2020노2591
공용물건손상
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the court below (4 months of imprisonment) on the summary of the reasons for appeal is too unreasonable.

2. In a case where there is no change in the terms and conditions of sentencing compared to the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The degree of damage is relatively insignificant, and the equity between the case where the judgment is rendered simultaneously with the crime of damage to the special public goods for which the judgment became final and conclusive.

However, even though the defendant had been already sentenced to a fine twice for the same crime, and was detained in the above special public goods damage crime, etc., the defendant committed the crime of this case during the court of appeal while the court of appeal was released with the prior notice of suspension of execution, the damage has not been recovered, special circumstances that could change the sentencing after the judgment of the court below cannot be found, and in light of all the sentencing conditions specified in the arguments of this case, such as the defendant's age, sex, environment, motive, means and consequence of the crime of this case, and circumstances after the crime, the sentence imposed by the court below is deemed appropriate, and it is not recognized that the sentence imposed by the defendant is too unreasonable. Thus, the above argument by the defendant is without merit.

3. In conclusion, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition (Article 25 (1) of the Rules on Criminal Procedure, however, the crime of crime No. 1 of the judgment below [the criminal history] column "for a crime of damaging public goods, etc." is amended to "a crime of damaging public goods, etc." and ex officio correction is made).

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