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(영문) 대전지방법원 2017.10.18 2017노791
공용물건손상등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (two million won in a penalty) is too heavy or unhued so that it is unjust.

2. Determination is a favorable circumstance where the Defendant recognized all of the instant crimes, and against the wrong determination, reimbursed the repair cost of the damaged objects, and deposited money for the damaged police officers, and the Defendant is an initial offender who has no record of criminal punishment.

However, the Defendant committed the instant crime under the influence of alcohol after the Defendant fighting with his wife and her husband and wife, thereby avoiding disturbance, damaging public goods, and taking a bath to police officers. In light of the circumstances and details of the instant crime, it is disadvantageous for the Defendant to the point that the nature of the crime is not good.

In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, background, means and consequence of the crime, etc., there are no special changes in circumstances that make different from the lower court’s sentencing conditions, such as the records of this case as well as the circumstance after the crime, etc., the lower court’s punishment is too heavy or unreasonable.

Therefore, the above argument by the defendant and the prosecutor is without merit.

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

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