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(영문) 서울중앙지방법원 2014.07.17 2014노1511
일반교통방해등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (one million won of fine) by the lower court is too unreasonable.

2. It is recognized that the Defendant had no record of criminal punishment prior to the instant case.

However, the crime of this case committed an act of cutting down the police where the defendant is carrying out official duties, and its nature is not less than that of the crime, and the defendant requested formal trial after receiving a summary order of 1,500,000 won due to the crime of this case. The court below seems to have reduced the fine of the above summary order in consideration of the defendant's previous conviction, motive for the crime of this case, etc., and the circumstances that can change the sentence of the court below in favor of the defendant were not presented at the appellate court. In full view of the circumstances and motive leading up to this case, the degree of the defendant's participation, circumstances after the crime, the defendant's age, character and conduct, and environment, and other various circumstances that are conditions for sentencing specified in the records and arguments of this case, it is not recognized that the punishment of the court below against the defendant is too unreasonable.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit.

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