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(영문) 대구지방법원 2014.12.04 2014노3631
공용물건손상등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. In light of the fact that the defendant is against the gist of the grounds for appeal, etc., the sentence imposed by the court below (eight months of imprisonment) is too unreasonable.

2. The circumstances favorable to the Defendant are that all of the instant crimes are recognized and reflected, and that they start a normal life and do not repeat a crime, which are all considered favorable to the Defendant.

In full view of these circumstances, Defendant’s character, environment, motive, means and consequence of the crime, circumstances after the crime, etc., and the conditions of sentencing as shown in the pleadings, the sentence imposed by the court below is somewhat unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

The summary of the facts charged and the evidence recognized by the court are as stated in the corresponding column of the judgment of the court below, and thus they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 314(1) of the Criminal Act, Article 314(1) of the Criminal Act (a point of interference with business), Article 141(1) of the Criminal Act ( point of damage to public goods), Article 245 of the Criminal Act, and the choice of imprisonment with prison labor, respectively;

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act shall apply mutatis mutandis;

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