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(영문) 광주지방법원 2018.09.06 2018노2024
특수공용물건손상등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (one-year imprisonment) is too unreasonable as to the gist of the grounds for appeal.

2. The judgment that the defendant led to the confession of the crime is favorable to the defendant.

On the other hand, the following is disadvantageous.

The crime of this case is not highly likely to be committed by the defendant who was dissatisfied with the Pyeongtaek Police, driving a vehicle while being present due to traffic accident and being present at the police station.

At the time of the instant case, the alcohol concentration of the Defendant’s blood was very high to 0.194%.

Motor vehicle operated by the defendant was not covered by mandatory insurance.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances after the instant crime, the Defendant’s age, sexual conduct, and environment, etc., the lower court’s punishment is too excessive and is not deemed unfair. Therefore, the Defendant’s assertion is without merit.

3. 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 groundless.

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