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(영문) 대전지방법원 2015.05.28 2014노3097
공용물건손상
Text

Defendant

The appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of KRW 2,00,00) of the original judgment is too unreasonable.

2. The circumstances are as follows: (a) the Defendant’s mistake in depth and reflects his mistake; (b) the Defendant’s expense appears to have accepted the damaged patrol car; and (c) the Defendant’s basic living recipient is not good in economic form.

However, the crime of this case was committed by a police officer who was dispatched after receiving a report by the Defendant under the influence of alcohol and was arrested as an offender in the act of committing an act of crime, and was destroyed by the police officer, and the defendant was destroyed by walking the scam even after the chief of the patrol car, and thus, the liability for the crime is grave. The defendant has a record of criminal punishment several times of violent crimes. There is no change in circumstances to change the sentencing after the judgment of the court below. In light of all the sentencing conditions such as the defendant's age, character and behavior, environment, motive, means and consequence, etc., it is not recognized that the sentence of the court below is too unreasonable.

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 without merit. It is so decided as per Disposition.

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