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(영문) 대전지방법원 2014.10.29 2014노1580
재물손괴등
Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal (e.g., punishment of a fine of five million won) sentenced by the court below is too unreasonable.

Judgment

The fact that the defendant is against his mistake, the degree of damage to property is not severe, and the victim does not want to punish the defendant, the fact that a certain amount of money is deposited to the damaged police officers, the defendant is the primary offender, and the economic situation is not good.

However, this case is a case where the defendant, under the influence of alcohol, damages another person's property and assaults the police officers dispatched to the scene to interfere with the legitimate execution of duties by the police officers in the act of committing an act of committing an act of committing an offense, and the liability for such crime is not less severe; the police officers are in need of strict obstructing the execution of public records in order to protect the legitimate performance of duties of the State and to establish a sound social order in the present attitude where the police resources of the State are permitted due to the weakening of public authority; the situation after the crime is not good; and it is disadvantageous to the defendant's age, character and behavior, environment, motive and circumstance leading to the crime of this case; and the circumstances leading to the crime of this case before and after the crime, etc., in full view of all the circumstances that form the conditions of the sentencing of this case as shown in the records, such as the defendant's age, character and behavior, environment, the defendant's above assertion is not unreasonable.

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

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