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(영문) 대구지방법원 2018.12.21 2018노3901
특수재물손괴등
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 on the Defendant (one year of imprisonment) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below on the defendant is too unhued and unfair.

2. The judgment is recognized that the defendant was punished on a total of six occasions, including a punishment for driving without a license for the same drinking alcohol, and had the record of being punished once as a crime of property damage, the driving of the drinking without a license for the drinking in this case on two occasions during the trial, and the non-license for the drinking in this case on two occasions during the trial due to the driving of drinking, the defendant was absent on the date of the

However, it is also recognized that the defendant recognizes his mistake and reflects it, agreed with the victim B of the crime of destroying special property, there are family members to support, and health status is not good.

In addition, taking into account the various circumstances such as the Defendant’s age, sex, environment, family relationship, motive, background, means and consequence of the crime, and the circumstances after the crime, and there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the judgment of the lower court, it is not recognized that the sentence imposed by the lower court is too heavy or unreasonable.

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

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