(영문) 광주지방법원 2014.06.19 2014노922 | 리걸엔진

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(영문) 광주지방법원 2014.06.19 2014노922

특수공무집행방해등

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All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The court below dismissed the prosecution against the victim J among the facts charged in this case and found the defendant guilty as to the remainder of the charges. Since the prosecutor appealed only on the grounds of unfair sentencing, and did not appeal against the dismissed part, the dismissed part of the court below's dismissal of prosecution is separate and finalized and it is within the scope of the court's judgment.

2. Summary of grounds for appeal;

A. The sentence of the lower court (two months of imprisonment, confiscation) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

3. The judgment appears to have recognized and reflected his mistake, and the defendant agreed with the victim D, and the victim I does not want the punishment of the defendant is a favorable condition.

On the other hand, there are records of punishment several times, such as punishment of imprisonment for one year in 200 and imprisonment for ten months in 203 for the same crime. In particular, the Defendant continuously committed violent-related crimes from January 2014 to February 2 of the same year and reported the disturbance to the police by avoiding the disturbance to the police. The Defendant, as above, found the police’s complaint to investigate the reported case and carried the knife with the knife onto the police box, and even though he was arrested as a flagrant offender, the Defendant sawd down the knife on the floor or was off the knife off the knife with the knife with the knife in spite of the arrest as a flagrant offender.

In light of the above circumstances and the Defendant’s age, character and conduct, environment, the circumstances and result of the instant crime, etc., it is not recognized that the lower court’s punishment is too heavy or unreasonable since it is too harsh, and thus, the Defendant and the prosecutor’s assertion are without merit.

4. In conclusion, the Defendant and the Prosecutor’s appeal are all filed.

유사 판례

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