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(영문) 서울남부지방법원 2015.05.21 2015노64
업무방해등
Text

The first original judgment shall be reversed.

Defendant shall be punished by a fine of KRW 10 million.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. (1) Although the Defendant was under the influence of alcohol at the time of committing the crime of the case in the second instance, it was unlawful that the second instance court did not recognize the mental disorder of the Defendant.

The sentence imposed on the defendant by the second sentence of unfair sentencing (two years of suspended sentence in April) is too unreasonable.

B. In light of the fact that the Defendant had the record of 12 times or punishment for the same kind of crime and that the instant crime was committed even during the period of suspension of execution, and that there is a need to prevent the Defendant from repeating the crime, etc., the first instance court’s sentence (including a fine of 6 million won) imposed on the Defendant is too uneasible and unfair.

2. Determination

A. Two original judgments were consolidated in the first instance court, but the first instance court’s punishment is a fine, and the second instance court’s punishment is imprisonment with prison labor, which is different from each other, and the second instance court’s punishment is not a case where a single sentence is imposed by maintaining the selection of the first and the second instance court judgment as it is in the choice of punishment, and as such, it does not constitute a case where a single sentence is imposed. Therefore

Therefore, the grounds for appeal against each judgment are divided.

B. Determination on the judgment of the first instance court (determination on the grounds of appeal by the prosecutor), even though the Defendant was sentenced to a suspended sentence of imprisonment due to a violation of the Punishment of Violences, etc. Act (collectively weapon, etc.) on February 17, 2014, the Defendant committed each of the instant crimes despite the suspended sentence of imprisonment. The obstruction of performance of official duties and insult committed on the part of the Defendant’s disturbance by committing a serious brut to the police officer called out after receiving a report 112 by the Defendant’s disturbance and assaulting the police officer. The case is not easy, and the Defendant repeatedly committed the same offense even though the Defendant was punished several times due to obstruction of performance of official duties and obstruction of business affairs, and the Defendant’s punishment

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