logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2018.11.14 2018노2655
특수공무집행방해등
Text

All appeals by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s sentencing is too inappropriate.

B. The lower court’s sentencing is too uncomfortable.

2. Considering that the nature of the crime of this case is not good, that the defendant committed the crime of this case again even if he had a previous conviction in several times, and that agreement or failure to recover from damage has been made up to the trial of the party, strict punishment against the defendant is required.

However, considering the following factors: (a) the Defendant’s mistake is divided; (b) the Defendant did not have any previous conviction; (c) the Defendant appears to have committed the instant crime by drinking and contingently; (d) the balance of sentencing with the same kind of crime; and (e) the Defendant’s age, sexual conduct and environment; (c) motive, means and consequence of the instant crime; and (d) various conditions of sentencing specified in the instant pleadings, such as the circumstances after the commission of the crime, the sentence imposed by the lower court is deemed appropriate; and (e) the Defendant’s and the prosecutor’s aforementioned assertion are too heavy or unfeasible; and

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed under Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition (Provided, That since it is evident that the "written opinion" of the 3th page 1 of the judgment of the court below is a clerical error in the "written diagnosis", the judgment of the court below is modified under Article 25(1) of the Rules on Criminal Procedure, and it is corrected as it is corrected

arrow