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(영문) 대구지방법원 2019.04.26 2018노3826
공용물건손상
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below rendered by the defendant is too unhued and unfair.

2. It is recognized that the Defendant committed the instant crime during the period of repeated crime, and the nature of the instant crime is bad, where: (a) the Defendant was already punished by a fine due to the crime of damaging public goods; and (b) the criminal records, including five times a sentence, are punished by a fine; and (c) the Defendant committed the instant crime during the period of repeated crime.

However, it is also recognized that the defendant recognized and reflected the crime, and that it seems that the defendant did not fully waive the intention of rehabilitation, and that the amount of damage has been compensated and agreed.

In addition, in full view of the various circumstances, such as the character, conduct, environment, family relationship, motive and background of the crime, 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 court below after the judgment of the court below, it is not recognized that the sentence imposed by the court below is too uneasible

3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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