beta
(영문) 서울중앙지방법원 2018.10.19 2018노2207

공무집행방해등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (six months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. It is recognized that the judgment of the Defendant led to the confession and reflect of each of the instant crimes, agreed with the victim of special intimidation, and the police interfered with the performance of official duties wanting to take the Defendant’s wife, and that the Defendant was hospitalized in the hospital before being detained after the instant crime was committed and was hospitalized in the hospital to cure alcohol addiction.

However, on July 13, 2017, the Seoul Central District Court sentenced the Defendant to imprisonment with prison labor for 4 months, 2 years a suspended sentence of 2 years, and repeated the same crime without being aware of it during the grace period. In the case of a special intimidation, it is highly dangerous that apartment security guards threaten an apartment security guard with excessive possession, and other factors such as the Defendant’s age, sexual behavior, environment, motive and circumstance leading to the instant crime, circumstances before and after the instant crime, and all other factors of sentencing as shown in the argument in the instant case, if the judgment of the court below becomes final and conclusive, there is a circumstance that the suspended sentence becomes void.

Even if the sentence of the court below is too unreasonable, it shall not be considered unfair.

Therefore, the defendant's above assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition, since the defendant's appeal is without merit.