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(영문) 서울동부지방법원 2014.05.23 2014노310

업무방해등

Text

The defendant's appeal is dismissed.

Reasons

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

2. The judgment of the court below is a favorable condition to the defendant, such as that the defendant reflects the defendant's wrong behavior through confinement life for a considerable period of time, and there is a family member to support the defendant, that if the defendant is sentenced to imprisonment with prison labor of this case, the sentence of the previous suspension of execution becomes invalidated, and that it seems somewhat harsh. However, the crime of this case is not likely to be committed by the defendant, such as the defendant being under the influence of alcohol and allowing the defendant to go to the customer by viewing the urine at the restaurant operated by the victim D, and the crime of insulting the police officer dispatched due to the crime is not committed. The defendant has been punished several times during the recent 10 years by interference with the same kind of duties and insult (one and a majority of the fines) and again committed the crime of this case during the suspended execution period, and there is no other unfavorable circumstances such as the motive and method of each crime of this case, details and circumstances after the crime, the defendant's age, character and behavior, the defendant's environment and circumstances, and the records are too unreasonable.

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

(However, since it is obvious that "1. Police seizure protocol" in the part of the reasoning of the judgment below is a clerical error, it shall be corrected to delete it ex officio in accordance with Article 25 (1) of the Regulations on Criminal Procedure.