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(영문) 부산지방법원 2018.07.27 2018노1636
공용물건손상등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (one year of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and where the sentencing of the first instance 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). It is recognized that the Defendant recognized the Defendant’s commission of crime and divided the error, the amount of damage caused by the crime of interference with business and damage to public goods is small, the damage of property is small, the damage of property is damaged, and the crime committed by drinking alcohol and contingently, and each crime of the crime of paragraph (2) of the same Article in the holding is acknowledged as a criminal committed while drinking alcohol and the police station, etc. are committed in a state where it takes place between three hours.

However, it is unfair that the Defendant committed the instant crime without being aware of the period of suspended execution (from December 22, 2016 to December 21, 2020) due to the instant crime and the period of repeated crime due to the same crime, and that there was no agreement with the victims or no recovery from damage, there was a history of criminal punishment for the same crime, and that there was violence against the two police officers to inflict bodily injury and inflict bodily injury on the police officers, and even on the earth, there was a strong attitude to view the public authority by abusing the police officers at the earth.

The court below determined the punishment in consideration of all these circumstances, and there is no change in the conditions of sentencing compared to the court below because new sentencing materials have not been submitted in the court below.

In addition, comprehensively taking account of the Defendant’s age, sex, health, environment, motive and circumstance of the crime, the means and consequence of the crime, and all the sentencing conditions indicated in the instant records and arguments after the crime, the sentence imposed by the lower court is too heavy or is too heavy.

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