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(영문) 서울북부지방법원 2016.01.28 2015노2041

사기등

Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (one year of imprisonment) is too unreasonable.

2. Although the judgment of the court below is deemed to have committed the crime of interference with the performance of official duties of the defendant in distress under the influence of alcohol, and the victims did not have much amount of damage to each of the victims caused by the crime of this case. However, the defendant has already been punished by a fine and imprisonment with prison labor for the same kind of crime as the crime of this case, etc., and is sentenced to a suspended sentence for the same crime as the crime of interference with the performance of official duties of this case, and five months have not yet passed since the judgment became final and conclusive, the defendant committed the crime of this case under Paragraph 2 of the crime of this case without being informed of the victims of each of the crime of this case during the suspended sentence period, and therefore, committed the crime of this case without being informed of the damage amount to victims of the crime of this case, or as agreed with victims, the crime of interference with the performance of official duties of the defendant was an unlawful crime of this case by nullifying legitimate exercise of public authority, and there is no need to punish the defendant as a crime of this case, the circumstances and circumstances before and after the defendant's age of each of this case.

3. If so, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act.