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(영문) 서울중앙지방법원 2017.08.10 2016노4735
공용물건손상
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant (1) did not have any defect in the fire fighting straw, or tear.

(2) The sentence of the lower court’s unfair sentencing (6 months of imprisonment and 2 years of suspended sentence) is too unreasonable.

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

2. Determination

A. The Defendant asserted that the facts of the Defendant were erroneous, and the lower court rejected the Defendant’s assertion by stating the reasons in detail.

In full view of the evidence duly adopted and examined by the court below and the court below, the above judgment of the court below is just, and the defendant's assertion of mistake is without merit.

B. The fact that the nature of the crime of this case is not less than that of the crime of this case, and that the defendant did not reflect the defendant's seriously, etc. is disadvantageous to the determination of the unfair sentencing of the defendant and the prosecutor.

There are circumstances that can be considered in the motive for the crime of this case, the fact that the defendant has no criminal record for the same kind of crime, and that the defendant has physical disability is favorable.

In addition, comprehensively taking into account the various sentencing conditions shown in the records and arguments of this case, such as the Defendant’s age, sex, environment, and circumstances after the crime, the lower court’s punishment is too heavy or unreasonable.

3. The appeal filed by the defendant and the prosecutor in conclusion are without merit, and all of them are dismissed. It is so decided as per Disposition.

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