beta
(영문) 서울중앙지방법원 2015.12.10 2015노3996

특수공무집행방해등

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (ten months of imprisonment, two years of suspended execution, and one hundred and sixty hours of community service) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. The judgment of the Defendant committed the instant crime despite the fact that the Defendant had been punished by a fine for the same kind of crime. The instant crime was committed by the Defendant while driving a license without drinking alcohol, and the Defendant escaped after the control, and the nature of the crime was considerably serious, etc., that is disadvantageous to the Defendant.

On the other hand, the fact that the defendant has no criminal record of imprisonment with prison labor, the confession of the crime of this case and reflects in depth, and the degree of shock that the damaged police officer suffered is not considered to be a large degree is favorable to the defendant.

In full view of the aforementioned circumstances and circumstances, including the Defendant’s age, character and conduct, environment, circumstances after the commission of the crime, and circumstances after the commission of the crime, etc., it cannot be deemed that the sentence imposed by the lower court is heavy or unreasonable.

Both arguments are without merit.

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