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(영문) 인천지방법원 2015.05.01 2014노4587
공무집행방해등
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 (one year and two months of imprisonment, three years of suspended execution, three years of social service, 120 hours of imprisonment) is too unreasonable.

2. The judgment is based on the following facts: (a) the Defendant recognized the instant crime; (b) the Defendant did not have any record of punishment for the same kind of crime; (c) deposited KRW 445,00 in order to pay damages to damaged public goods; and (d) the Defendant’s health is not good at present.

On the other hand, however, the crime of this case is committed by the defendant, who is a public institution, assaults the public official, and damages public goods, and its nature is not good. The risk and illegality of the method of crime are considerably high, considering all favorable circumstances asserted by the defendant, the court below is deemed to have rendered a judgment of suspended execution, which is not a sentence, by imposing a social service order, after considering all favorable circumstances alleged by the defendant. There is no particular change in circumstances in the situation at the trial, and all the sentencing conditions on the records, including the defendant's age, character and conduct, family relation, motive and circumstance leading to the crime of this case, and circumstances before and after the crime, etc., the sentence imposed by the court below is too unreasonable. Thus, the defendant's assertion is not acceptable.

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

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