beta
(영문) 인천지방법원 2016.11.18 2016노3951

공무집행방해등

Text

The defendant's appeal is dismissed.

Reasons

1. The court below dismissed the prosecution of assault among the facts charged in the instant case and sentenced the remainder of the facts charged.

However, since only the defendant appealed against the guilty portion of the judgment of the court below and the prosecutor did not appeal, the dismissal of the above public prosecution portion among the judgment below becomes separate and conclusive, the scope of this court's judgment is limited

2. The summary of the grounds for appeal (e.g., imprisonment with prison labor for six months) of the lower court against the Defendant is too unreasonable.

3. The judgment of the court below reflects the defendant's mistake, and even though the court below agreed smoothly with the victims of the crime of interference with business, the crime of this case is not good in light of the contents of the crime of this case, the defendant again commits the crime of this case even though he had the record of being sentenced to a fine by committing the same crime during the period of repeated crime, there is no special circumstance or change of circumstances that can be considered in sentencing after the judgment of the court below was pronounced, and other various circumstances, which are the conditions of sentencing as shown in the records, such as the defendant's age, character and conduct, character and environment, motive, means and consequence of the crime, and circumstances after the crime, are considered as unfair. Thus, the defendant's assertion is without merit.

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