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(영문) 대전지방법원 2017.05.24 2017노569
공용물건손상
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) that the court below rendered against the defendant is too unreasonable.

2. The defendant's mistake is against his own mistake, and after the crime of this case was committed, it seems that the court did not want punishment against the defendant by compensating the damages on the side of the branch of the Daejeon District Probationary Office.

However, the crime of this case was committed by the phone call to charge the distribution of the electronic tracking device, and thus, caused damage to public goods by avoiding the disturbance, such as finding the branch office of the Daejeon Protection Observation Station, and gathering the crypator, and thus, it is not very good in light of the content of the crime.

Although the defendant appears to have been sentenced to a fine several times due to a crime during the period of repeated crime, he committed the crime of this case.

Considering the above circumstances and motive leading to the instant crime, the circumstances after the commission of the instant crime, the Defendant’s age, sexual conduct, family relationship, occupation, etc., and the circumstances constituting the conditions for sentencing as shown in the records and arguments, there is no change in circumstances to determine the sentence different from the lower court. As such, the lower court’s sentence is too too unreasonable, and thus, the Defendant’s improper assertion of sentencing is without merit.

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

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